Davis v. Midland Funding, LLC et al

Filing 63

STIPULATION AND ORDER signed by Judge Kimberly J. Mueller on 4/2/2015 AWARDING Plaintiff Larry Dean Davis reasonable attorney's fees and costs in the amount of $52,500.00. (Michel, G.)

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1 2 3 4 5 6 Fred W. Schwinn (SBN 225575) Raeon R. Roulston (SBN 255622) CONSUMER LAW CENTER, INC. 12 South First Street, Suite 1014 San Jose, California 95113-2418 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Plaintiff LARRY DEAN DAVIS 7 8 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 9 10 LARRY DEAN DAVIS, Case No. 2:13-CV-02316-KJM-CKD 11 Plaintiff, 12 13 14 15 16 17 18 MIDLAND FUNDING, LLC, a Delaware limited liability company; MIDLAND CREDIT MANAGEMENT, INC., a Kansas corporation; THE BRACHFELD LAW GROUP, A PROFESSIONAL CORPORATION, a California corporation; and ERICA LYNN BRACHFELD, individually and in her official capacity; Defendants. 19 THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS: 20 21 22 STIPULATION AND ORDER AWARDING ATTORNEY FEES AND COSTS v. 1. Whereas, on January 8, 2015, Plaintiff, LARRY DEAN DAVIS, timely accepted Defendants’, MIDLAND FUNDING, LLC’s; MIDLAND CREDIT MANAGEMENT, INC.’s; THE 23 24 25 BRACHFELD LAW GROUP, A PROFESSIONAL CORPORATION’s; and ERICA LYNN BRACHFELD’s, Rule 68 Offer of Judgment and filed his Notice of Acceptance of Offer of Judgment 26 (Doc. 59); 27 ///// 28 -1STIPULATION AND ORDER AWARDING ATTORNEY FEES AND COSTS Case No. 2:13-CV-02316-KJM-CKD 1 2 3 2. Whereas, on February 12, 2015, Plaintiff filed an Application for Entry of Judgment (Doc. 60); 3. Whereas, on February 25, 2015, the Court entered an Order granting Plaintiff's 4 5 6 Application for Entry of Judgment (Doc. 61); and 4. Whereas, the parties have met and conferred regarding an award of attorney fees 7 and costs, and agree that Plaintiff, LARRY DEAN DAVIS, be awarded attorney fees and costs in the 8 amount of $52,500.00. 9 IT IS SO STIPULATED. 10 CONSUMER LAW CENTER, INC. 11 12 Dated: March 14, 2015 13 14 15 By: /s/ Raeon R. Roulston Fred W. Schwinn, Esq. Raeon R. Roulston, Esq. Attorneys for Plaintiff LARRY DEAN DAVIS 16 SIMMONDS & NARITA, LLP 17 18 Dated: March 14, 2015 19 20 21 By: /s/ Tomio B. Narita Tomio B. Narita, Esq. Attorney for Defendants MIDLAND FUNDING, LLC, and MIDLAND CREDIT MANAGEMENT, INC. 22 THE BRACHFELD LAW GROUP, APC 23 24 25 26 27 28 Dated: March 14, 2015 By: /s/ Erica L. Brachfeld Erica L. Brachfeld, Esq. Attorney for Defendants THE BRACHFELD LAW GROUP, A PROFESSIONAL CORPORATION, and ERICA LYNN BRACHFELD -2STIPULATION AND ORDER AWARDING ATTORNEY FEES AND COSTS Case No. 2:13-CV-02316-KJM-CKD 1 ORDER 2 3 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that Plaintiff, LARRY DEAN 4 DAVIS, is awarded reasonable attorney’s fees and costs in the amount of $ 52,500.00. 5 6 7 IT IS SO ORDERED. Dated: April 2, 2015. 8 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND ORDER AWARDING ATTORNEY FEES AND COSTS Case No. 2:13-CV-02316-KJM-CKD

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