Sullivan v. The Prudential Insurance Company of America et al

Filing 72

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/14/15. Plaintiff's motion for attorneys' fees and costs shall be filed no later than 2/9/15. (Manzer, C)

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DONAHUE & HORROW, LLP

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MICHAEL B. HORROW (SBN 162917)
NICHOLE D. PODGURSKI (SBN 251240)
DONAHUE & HORROW, LLP
1960 E. Grand Ave., Suite 1215
El Segundo, California 90245
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
ERIC RATINOFF (SBN 166204)
KERSHAW, CUTTER & RATINOFF, LLP
401 Watt Avenue
Sacramento, CA 95864
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff,
OTILIA SULLIVAN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OTILIA SULLIVAN,

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Case No.: 2:12-cv-01173-TLN-DAD

Plaintiff,

Assigned for All Purposes to the
Honorable Judge Troy L. Nunley

vs.
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA; PHH
CORPORATION GROUP EMPLOYEE
BENEFIT PLAN, and DOES 1 through 300,
inclusive,
Defendants.

STIPULATION AND ORDER RE
ADDITIONAL TIME FOR
PLAINTIFF TO FILE MOTION FOR
ATTORNEYS’ FEES AND COSTS TO
ALLOW TIME FOR THE PARTIES
TO CONTINUE TO MEET AND
CONFER

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Plaintiff Otilia Sullivan (“Plaintiff”) and Defendant The Prudential Insurance
Company of America (“Prudential”) enter this Stipulation based on the following:

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Case No.:2:12-cv-01173-GEB-DAD

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STIPULATION BY THE PARTIES REGARDING 20 DAY CONTINUANCE
REGARDING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND COSTS; ORDER

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WHEREAS, on October 22, 2014 the Court entered the Parties’ Proposed
Judgment in favor of Plaintiff. (See Doc. No. 68). Plaintiff, as the prevailing party in

this litigation, may apply to the Court for an award of attorneys’ fees and recovery of
costs of action. Pursuant to the Court’s October 22, 2014 order, any application for an
award of attorneys’ fees and recovery of costs of action is due to be filed no later than
December 6, 2014. (See Doc. No. 68). Pursuant to this Court’s order, this date was
continued to January 20, 2015. (See Doc. No. 70).

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DONAHUE & HORROW, LLP

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WHEREAS, Plaintiff has submitted detailed information to Prudential for its
review in support of its motion for an award of attorneys’ fees and costs. Prudential is
and has been in the process of reviewing this information and the Parties have been
meeting and conferring regarding the issue.

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WHEREAS, the Parties have been working together and have diligently met and
conferred in good faith in an effort to reach a resolution on attorneys’ fees and costs

without court intervention. The Parties represent that due to unavailability of counsel
and their clients, especially due to unavailability that was exacerbated during the
holiday season, there was further delay with the meet and confer process. Plaintiff has
provided detailed information regarding their attorneys’ fees and costs to Prudential
which Prudential has reviewed in detail however the Parties are continuing to meet
and confer and assert that they will not be in a position to complete their meet and
confer efforts and come to a resolution or prepare a motion, if necessary, prior to the
January 20, 2015 deadline to file a motion.

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Case No.:2:12-cv-01173-GEB-DAD

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STIPULATION BY THE PARTIES REGARDING 20 DAY CONTINUANCE
REGARDING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND COSTS; ORDER

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Therefore, the Parties, by and through their counsel of record, stipulate and
agree that Plaintiff shall have an additional twenty (20) days to file any motion for an
award of attorneys’ fees and recovery of costs in this action. Plaintiff’s motion for
attorneys’ fees and costs shall be filed no later than February 9, 2015. The Parties do
not anticipate needing any additional time beyond this time period.

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The foregoing proposed stipulation is respectfully submitted.

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IT IS SO STIPULATED.

DONAHUE & HORROW, LLP

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DATED: January 14, 2015

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DONAHUE & HORROW, LLP
/s/Nichole Podgurski______
Nichole Podgurski
Attorney for Plaintiff
Otilia Sullivan

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DATED: January 14, 2015

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MESERVE, MUMPER & HUGHES LLP
/s/Cindy Mekari
________
Cindy Mekari
Attorneys for Defendants
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA and
PHH CORPORATION GROUP
EMPLOYEE BENEFIT PLAN

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IT IS SO ORDERED.

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Dated: January 14, 2015

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Troy L. Nunley
United States District Judge

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Case No.:2:12-cv-01173-GEB-DAD

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STIPULATION BY THE PARTIES REGARDING 20 DAY CONTINUANCE
REGARDING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND COSTS; ORDER