Lam v. City of Los Banos

Filing 178

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 8/28/18 ORDERING that the time for Plaintiff to file a Motion for Attorneys' fees under Local Rules 144 and 293 is ENLARGED. Any Motion for Attorneys' fees filed by Plaintiff shall be filed no later than 30 days after post trial Motions are decided by this Court. (Mena-Sanchez, L)

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5 JOHN L. BURRIS, ESQ., SBN 69888 ADANTE D. POINTER ESQ., SBN 236229 MELISSA C. NOLD ESQ., SBN 301378 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oak port Street, Suite 1120 Oakland, California 94621 Telephone: (510) 839-5200 Facsimile: (510) 839-3882 6 Attorneys for Plaintiff 1 2 3 4 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 TAN LAM, as successor-in-interest to Decedent SONNY LAM (“aka” Son Tung Lam) and individually, 14 15 16 17 18 19 20 Plaintiff, Case No.: 2:15-cv-00531-MCE-KJN STIPULATION AND ORDER TO ENLARGE TIME FOR THE FILING OF PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES (L.R. 144 & 293) v. CITY OF LOS BANOS, a municipal corporation; JAIRO ACOSTA, individually and in his official capacity as Police Officer for the CITY OF LOS BANOS; and DOES 2-50, Hon. Morrison C. England, Jr. Defendants. 21 22 STIPULATION 23 The parties to the above-entitled action hereby stipulate, pursuant to Civil Local Rules 144 and 24 293, that the time for Plaintiff to file his motion for attorneys’ fees be enlarged following the Entry of 25 the Judgment in Plaintiff’s favor in the above-entitled action on August 17, 2018. Plaintiff’s motion 26 for attorneys’ fees shall be filed no later than 30 days after post-trial motions are decided by the Court. 27 Good cause for the enlargement of time exists based on the likelihood that Defendant will file 28 post-trial motions in this case, which would necessarily impact Plaintiff’s motion for attorneys’ fees, Stipulation Enlarging Time for Filing of Plaintiff’s Motion for Attorney’s Fees (L.R. 144 & 293) Lam v. City of Los Banos et., al 1 1 however such motions may be decided. In addition, the enlargement of time will allow that the 2 attorneys for the parties can meet and confer regarding Plaintiff’s motion for attorneys’ fees, whether 3 Defendant intends to contest the judgment and/or attorneys’ fees, and so that attorneys’ fees may be 4 completely and accurately calculated. 5 In the event that Defendant does not file post-trial motions in this matter, the parties request 6 that time be enlarged such that Plaintiff’s motion for attorneys’ fees shall be filed no later than 30 days 7 after Defendant’s post-trial motions would be due to be filed, calculated from the last day of any 8 enlargement of time ordered by the Court for Defendant to file post-trial motions. 9 10 11 Respectfully submitted, 12 Law Offices of John L. Burris 13 14 Dated: August 20, 2018 15 16 17 /s/Adante Pointer____ ADANTE POINTER Attorneys for Plaintiff Respectfully submitted, Dated: August 20, 2018 18 Allen, Glaesner, Hazelwood & Worth 19 20 __ /s/ Dale Allen_________ DALE ALLEN Attorneys for Defendants 21 22 23 24 25 26 27 28 Stipulation Enlarging Time for Filing of Plaintiff’s Motion for Attorney’s Fees (L.R. 144 & 293) Lam v. City of Los Banos et., al 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 TAN LAM, as successor-in-interest to Decedent SONNY LAM (“aka” Son Tung Lam) and individually, Plaintiff, 14 v. 15 16 17 18 Case No.: 2:15-cv-00531-MCE-KJN ORDER TO ENLARGE TIME FOR THE FILING OF PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES (L.R. 144 & 293) Hon. Morrison C. England CITY OF LOS BANOS, a municipal corporation; JAIRO ACOSTA, individually and in his official capacity as Police Officer for the CITY OF LOS BANOS; and DOES 2-50, Defendants. 19 20 Pursuant to the Parties’ Stipulation and good cause having been shown, the Court hereby 21 22 orders that the time for Plaintiff to file a motion for attorneys’ fees under Local Rules 144 and 293 is 23 enlarged. Any motion for attorneys’ fees filed by Plaintiff shall be filed no later than 30 days after 24 post trial motions are decided by this Court. 25 26 27 /// /// 28 Stipulation Enlarging Time for Filing of Plaintiff’s Motion for Attorney’s Fees (L.R. 144 & 293) Lam v. City of Los Banos et., al 3 1 In the event the Defendant does not file post-trial motions in this matter, the Court orders that 2 time is hereby enlarged such that Plaintiff’s motion for attorneys’ fees shall be filed no later than 30 3 days after Defendant’s post-trial motions would be due to be filed, calculated from the last day of any 4 enlargement of time ordered by the Court for Defendant to file post-trial motions. 5 6 7 IT IS SO ORDERED. Dated: August 28, 2018 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation Enlarging Time for Filing of Plaintiff’s Motion for Attorney’s Fees (L.R. 144 & 293) Lam v. City of Los Banos et., al 4

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