Patty et al v. FCA US LLC

Filing 29

ORDER signed by District Judge Morrison C. England, Jr on 3/29/19 DENYING 19 Motion for Attorney Fees and 18 Bill of Costs without prejudice because no judgment has been entered in this case. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID JOHN PATTY and SHEILA
RENEE KIRCHNER,
Plaintiffs,

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v.

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No. 2:16-cv-01332-MCE-CKD

ORDER

FCA US, LLC, a Delaware Limited
Liability Company, and DOES 1
through 10, inclusive,
Defendants.

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On May 20, 2016, Plaintiffs David John Patty and Sheila Renee Kirchner

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(“Plaintiffs”) filed a Complaint in the Superior Court of California, County of Sacramento,

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alleging Defendant FCA US (“Defendant”) breached certain express and implied

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warranties arising from the sale of a vehicle to Plaintiffs, in violation of the Song-Beverly

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Act, California Civil Code § 1790 et seq. (“the Act”). Defendant thereafter removed the

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case to this Court, and, in May 2017, the Court denied Plaintiffs’ subsequent motion to

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remand. ECF Nos. 1, 11.

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Over a year and a half later, Plaintiffs filed a Bill of Costs and a Motion for

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Attorneys’ Fees. ECF Nos. 18, 19. Those requests are hereby DENIED without

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prejudice because no judgment has been entered in this case.1

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IT IS SO ORDERED.
Dated: March 29, 2019

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The Court is aware that the parties have since filed a notice of settlement on March 5, 2019,
indicating that “[a]fter payment of Plaintiff’s attorney fees, costs and expenses is received as determined
by agreement of the parties or by noticed motion, the parties shall immediately file an executed Stipulation
of Dismissal of the entire action.” ECF No. 27 at 2. The Court will not entertain a request for fees and
costs until judgment has been entered.

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