Sullivan v. The Prudential Insurance Company of America et al

Filing 75

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/12/15. Plaintiff's motion for attorney's fees and costs shall be filed no later than 2/19/15. (Manzer, C)

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1 2 3 4 5 6 7 8 9 DONAHUE & HORROW, LLP 10 MICHAEL B. HORROW (SBN 162917) NICHOLE D. PODGURSKI (SBN 251240) DONAHUE & HORROW, LLP 1960 E. Grand Ave., Suite 1215 El Segundo, California 90245 Telephone: (310) 322-0300 Facsimile: (310) 322-0302 Email: mhorrow@donahuehorrow.com Email: npodgurski@donahuehorrow.com ERIC RATINOFF (SBN 166204) KERSHAW, CUTTER & RATINOFF, LLP 401 Watt Avenue Sacramento, CA 95864 Telephone: (916) 448-9800 Facsimile: (916) 669-4499 Email: eratinoff@kcrlegal.com Attorneys for Plaintiff, OTILIA SULLIVAN 11 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 OTILIA SULLIVAN, 16 17 18 19 20 21 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, STIPULATION AND ORDER RE ADDITIONAL TIME FOR PLAINTIFF TO FILE A MOTION FOR ATTORNEYS FEES AND RECOVERY OF COSTS Defendants. 22 23 24 25 26 Plaintiff Otilia Sullivan (“Plaintiff”) and Defendant The Prudential Insurance Company of America (“Prudential”) enter this Stipulation based on the following: 27 28 Case No.:2:12-cv-01173-GEB-DAD –1– STIPULATION AND ORDER BY THE PARTIES REGARDING 10 DAY CONTINUANCE REGARDING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND COSTS 1 2 3 4 5 6 7 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 and then extended to February 9, 2015. (See Doc. No. 70). 8 9 DONAHUE & HORROW, LLP 10 11 12 WHEREAS, on February 4, 2015 the Parties have reached a resolution regarding the award of attorney’s fees and costs. The Parties are preparing the necessary paperwork and assert that it will take approximately 10 additional days to prepare the final paperwork and for payment to be distributed. 13 14 15 16 17 18 Therefore, the Parties, by and through their counsel of record, stipulate and agree that while the agreement with respect to attorneys fees and costs is being finalized, Plaintiff shall have an additional ten (10) 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 19, 2015. 19 20 The foregoing proposed stipulation is respectfully submitted. 21 22 IT IS SO STIPULATED. 23 24 DATED: February 12, 2015 25 DONAHUE & HORROW, LLP /s/Nichole Podgurski______ Nichole Podgurski Attorney for Plaintiff Otilia Sullivan 26 27 28 Case No.:2:12-cv-01173-GEB-DAD –2– STIPULATION AND ORDER BY THE PARTIES REGARDING 10 DAY CONTINUANCE REGARDING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND COSTS 1 DATED: February 12, 2015 MESERVE, MUMPER & HUGHES LLP 2 /s/Linda Lawson ________ Linda Lawson Attorneys for Defendants THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and PHH CORPORATION GROUP EMPLOYEE BENEFIT PLAN 3 4 5 6 7 8 9 IT IS SO ORDERED. DONAHUE & HORROW, LLP 10 11 Dated: February 12, 2015 12 13 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.:2:12-cv-01173-GEB-DAD –3– STIPULATION AND ORDER BY THE PARTIES REGARDING 10 DAY CONTINUANCE REGARDING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND COSTS

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