Satchell et al v. Fedex Express

Filing 936

ORDER RE: MR. McCOY'S REQUEST FOR STAY OF MOTION FOR ATTORNEYS' FEES PENDING RESOLUTION OF RELATED NINTH CIRCUIT APPEAL (SI, COURT STAFF) (Filed on 9/27/2010)

Satchell et al v. Fedex Express

Doc. 936

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 29, 2010 SUSAN ILLSTON United States District Judge IT IS SO ORDERED. v. FEDEX EXPRESS, Defendant. / DERRICK SATCHELL, et al., Plaintiffs, No. C 03-2659 SI; No. C 03-2878 SI ORDER RE: MR. McCOY'S REQUEST FOR STAY OF MOTION FOR ATTORNEYS' FEES PENDING RESOLUTION OF RELATED NINTH CIRCUIT APPEAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiffs' motion for attorneys' fees is scheduled for a hearing on October 7, 2010. Mr. McCoy has filed a "Request for Stay of Determination of Reasonable Attorney's Fees and Request for Extension of Time to File Substantive Response After Ninth Circuit Ruling." (Docket No. 933). The Court finds that it is in the interest of judicial efficiency to determine the attorneys' fees motion after the Ninth Circuit resolves Appeal No. 10-15197, which is currently pending in the Court of Appeals and involves the interpretation of the same fee provisions in the co-counsel agreement between Mr. McCoy and his former co-counsel. Accordingly, the Court dismisses the pending motion (Docket No. 925) without prejudice. If Mr. McCoy's appeal in 10-15197 is unsuccessful, plaintiffs may re-notice the motion for attorneys' fees. The October 7, 2010 hearing is VACATED.

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