Alvarado et al v. Fedex Corporation

Filing 1793

ORDER GRANTING FEDEX'S MOTION TO STAY ENFORCEMENT OF THE COURT'S ORDER REGARDING ATTORNEYS' FEE PETITIONS FILED BY PARKER AND McCOY (Illston, Susan) (Filed on 12/19/2011)

1
2
3
4

IN THE UNITED STATES DISTRICT COURT

5

FOR THE NORTHERN DISTRICT OF CALIFORNIA

6
7

EDWARD ALVARADO, et al.,

8
9

Plaintiffs,

ORDER GRANTING FEDEX’S MOTION
TO STAY ENFORCEMENT OF THE
COURT’S ORDER REGARDING
ATTORNEYS’ FEE PETITIONS FILED
BY PARKER AND McCOY

v.

10
United States District Court
For the Northern District of California

No. C 04-0098 SI, No. C 04-0099 SI

FEDERAL EXPRESS CORPORATION,

11

Defendant.

/

12
13
The Court GRANTS FedEx’s motion to stay enforcement of the Court’s orders regarding the

14
15

attorneys’ fees petitions filed by Ms. Parker and Mr. McCoy as follows:

16

(1) Enforcement of the orders with respect to the fees awarded to Ms. Parker and her counsel

17

is STAYED until 14 days after the expiration of the time to file an appeal or until final disposition of

18

the matter after an appeal to the Ninth Circuit. If no appeal is filed by Ms. Parker, her counsel, or

19

FedEx, FedEx shall make arrangements to expeditiously pay Ms. Parker and her counsel. If an appeal

20

is filed,

21

FedEx shall file with the Court a supersedeas bond for the total amount awarded to Ms. Parker and her

22

counsel as set forth in the Court’s Order Granting in Part and Denying in Part the motion to alter or

23

amend.

24

(2) Enforcement of the orders with respect to the fees awarded to Mr. McCoy and his counsel

25

is STAYED until 14 days after the expiration of the time to file an appeal or until final disposition of

26

the matter after an appeal to the Ninth Circuit. If no appeal is filed by Mr. McCoy, his counsel or

27

FedEx, FedEx shall promptly file a motion for an interpleader, as there are several liens that have been

28

filed against Mr. McCoy’s award that must be resolved prior to distributing the statutory fee award. If

1

an appeal is filed, FedEx shall file with the Court a supersedeas bond for the total amount awarded to

2

Mr. McCoy and his counsel as set forth in the Court’s September 30, 2011 order.

3
4

IT IS SO ORDERED.

5
6

Dated: December 19, 2011
SUSAN ILLSTON
United States District Judge

7
8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2