Advanced Steel Recovery, LLC v. X-Body Equipment, Inc. et al

Filing 89

STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr. on 9/23/2014 CONTINUING the Motion Hearing on 73 Motion for Attorneys' Fees to 11/3/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that reply papers be filed by 10/20/2014; ORDERING that opposition papers be filed by 10/6/2014. (Michel, G)

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Daniel M. Cislo, Esq., No. 125,378
[e-mail]
Mark D. Nielsen, Esq., No. 210,023
[e-mail]
CISLO & THOMAS LLP
1333 2nd Street Suite 500
Santa Monica, California 90401-4110
Telephone: [phone]
Telefax: [phone]
Attorney for Plaintiff,
ADVANCED STEEL RECOVERY, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADVANCED STEEL RECOVERY, LLC,

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Plaintiff,
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vs.

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X-BODY EQUIPMENT, INC. and JEWELL
ATTACHMENTS, LLC,
Defendants.

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AND RELATED COUNTERCLAIMS

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Case No. 2:12-cv-01004-GEB-DAD
[Hon. Garland E. Burrell, Jr.]
SECOND JOINT STIPULATION TO
CONTINUE HEARING DATE AND
ADJUST BRIEFING SCHEDULE RE:
DEFENDANTS’ MOTION FOR
ATTORNEYS’ FEES

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Second Stip. Re: Hearing Date and
Briefing Schedule on Defendants’
Motion for Attorneys’ Fees

Case No. 2:12-cv-01004-GEB-DAD

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STIPULATION

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WHEREAS, On September 8, 2014, Defendants X-Body Equipment, Inc. and Jewell

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Attachments, LLC (collectively “Defendants”) filed a Motion for Attorney’s Fees and

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Exceptional Case Status, with a hearing on the motion scheduled for October 6, 2014 (see,

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Docket No. 73);

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WHEREAS, pursuant to a stipulation of the parties, the Court ordered the hearing date to

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be moved to October 20, 2014, and adjusted the briefing schedule so that Plaintiff’s opposition

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papers would be due on September 29, 2014, and Defendants reply papers would be due on

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October 13, 2014 (see, Docket No. 77);

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WHEREAS, following the Court’s Order on September 19, 2014 regarding Defendants’

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Request to Seal Documents (see, Docket No. 84), Defendants served unredacted billing

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statements on counsel for ASR on September 22, 2014;

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WHEREAS, as a result of the Court’s Order on September 19, 2014, and the subsequent

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service of the unredacted billing statements on ASR, counsel for ASR requested, and counsel for

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Defendants agreed, that ASR may have an extra week to review the billing statements for

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purposes of preparing and submitting its opposition to Defendants’ motion for attorneys’ fees;

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WHEREAS, the parties have agreed to request that the Court move the hearing date on

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Defendants’ motion for attorneys’ fees to October 27, 2014, the due date for Defendants’ reply

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papers to October 20, 2014, and the due date for Plaintiff’s opposition papers to October 6, 2014;

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WHEREAS, the parties’ requested changes to the hearing date and briefing schedule

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related to Defendants’ motion for attorneys’ fees is not sought for purposes of delaying resolution

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of Defendants’ motion.

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///

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///

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///

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Second Stip. Re: Hearing Date and
Briefing Schedule on Defendants’
Motion for Attorneys’ Fees

Case No. 2:12-cv-01004-GEB-DAD

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NOW THEREFORE, the parties, by and through their counsel of record, hereby stipulate

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and agree to move the hearing date on Defendants’ motion for attorneys’ fees to October 27,

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2014, the due date for Defendants’ reply papers to October 20, 2014, and the due date for

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Plaintiff’s opposition papers to October 6, 2014.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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SUITE 500
1333 2 nd Street
SANTA MONICA, CALIFORNIA 90401-4110
Telephone: [phone]
Facsimile: (310)
394-4477
www.cislo.com

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Attorneys at Law

CISLO & THOMAS LLP

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CISLO & THOMAS LLP

SEDGWICK LLP

/s/ Mark D. Nielsen
Daniel M. Cislo
Mark D. Nielsen

/s/ Robert M. Harkins, Jr. (with permission)
Robert M. Harkins, Jr.
Matthew A. Fischer
Jennifer Ming

Attorneys for Plaintiff,
ADVANCED STEEL RECOVERY, LLC

Attorneys for Defendants,
X-BODY EQUIPMENT, INC. and
JEWELL ATTACHMENTS LLC

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Dated: September 22, 2014

Dated: September 22, 2014

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ORDER

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Based on the parties’ stipulation submitted concurrently herewith,
IT IS HEREBY ORDERED THAT the hearing date on Defendants’ motion for attorneys’ fees
(Docket No. 73) shall be moved to November 3, 2014 at 9:00 a.m.; the deadline for Defendants’
reply papers shall be moved to October 20, 2014; and, the deadline for Plaintiff’s opposition
papers shall be moved to October 6, 2014.
IT IS SO ORDERED.
Dated: September 23, 2014

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Second Stip. Re: Hearing Date and
Briefing Schedule on Defendants’
Motion for Attorneys’ Fees

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Case No. 2:12-cv-01004-GEB-DAD

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PROOF OF SERVICE

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I HEREBY CERTIFY that on this 22nd day of September, 2014, a true and correct copy of
the foregoing pleading or paper was served using the Court’s CM/ECF system with electronic
notification of such filing to the following counsel of record:

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SUITE 500
1333 2 nd Street
SANTA MONICA, CALIFORNIA 90401-4110
Telephone: [phone]
Facsimile: (310)
394-4477
www.cislo.com

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Attorneys at Law

CISLO & THOMAS LLP

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Casey J. McCracken, Esq.
Gibson Dunn & Crutcher LLP
3161 Michelson Drive
Irvine, CA 92612
Telephone: [phone]
Fax: [phone]
[e-mail]

Robert M. Harkins, Jr., Esq.
Matthew A. Fischer, Esq.
Jennifer Ming, Esq.
Sedgwick LLP
333 Bush Street, 30th Floor
San Francisco, CA 94104-2834
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

Jennifer Rho, Esq.
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071
Telephone: [phone]
Fax: [phone]
[e-mail]
Wayne M. Barsky, Esq.
Gibson, Dunn & Crutcher LLP
2029 Century Park East
Suite 4000
Los Angeles, CA 90067
Telephone: [phone]
Fax: [phone]
[e-mail]

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FEDERAL: I declare, under penalty of perjury under the laws of the United States of
America that the foregoing is true and that I am employed in the office of a member of the
Bar of this Court at whose direction the service was made.
Executed on September 22, 2014, at Westlake Village, California.

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/s/ Laura Banuelos
Laura Banuelos

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Second Stip. Re: Hearing Date and
Briefing Schedule on Defendants’
Motion for Attorneys’ Fees

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Case No. 2:12-cv-01004-GEB-DAD