Smith et al v. City of Oakland et al

Filing 172

STIPULATION AND ORDER EXTENDING TIME TO FILE MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS re 171 Stipulation filed by Patricia Gray, Torry Smith. Signed by Judge Edward M. Chen on 9/3/10. (bpf, COURT STAFF) (Filed on 9/3/2010)

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JOHN L. BURRIS (SBN 69888) BENJAMIN NISENBAUM (SBN 222173) ADANTE DE POINTER (SBN 236229) LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California 94621 Telephone: [phone] Facsimile: [phone] Email: [e-mail] JAMES B. CHANIN (SBN 76043) JULIE M. HOUK (SBN 114968) LAW OFFICES OF JAMES B. CHANIN 3050 Shattuck Avenue Berkeley, California 94705 Telephone: [phone], Ext. 2 Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TORRY SMITH, et al., Plaintiffs, vs. CITY OF OAKLAND; et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: C05-04045 EMC STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFFS TO FILE MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS

1 Smith., et al. v. City of Oakland, et al., Case No. C05-04045 EMC Stipulation and [Proposed] Order Extending Time to File Motion for Attorneys' Fees

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THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL OF RECORD DO HEREBY STIPULATE AND AGREE AS FOLLOWS: Whereas, the parties have reached a tentative settlement of the entire action; Whereas, there is currently a deadline to file a motion for attorneys' fees and costs on appeal in the District Court of September 14, 2010; Whereas, the parties wish to avoid incurring additional time and expense preparing and responding to a motion for appellate fees while the parties attempt to finalize a settlement of the entire action; and, Whereas the parties previously stipulated to an open extension of time to file a motion for the attorneys' fees and costs incurred in the District Court before the filing of the appeal and it would conserve time to file both the motions for the fees incurred in the District Court and on appeal at the same time if such motions become necessary due to any failure to finalize a settlement of the entire action, THE PARTIES DO HEREBY STIPULATE AND AGREE THAT Plaintiffs shall have an open extension of time to file their motion for an award of attorneys' fees and costs on appeal. IT IS SO STIPULATED: Dated: September 1, 2010 ___________/S/______________________ James B. Chanin Attorney for Plaintiffs ___________/S/_____________________ Randolph Hall Attorney for Defendants

Dated: September 1, 2010

2 Smith., et al. v. City of Oakland, et al., Case No. C05-04045 EMC Stipulation and [Proposed] Order Extending Time to File Motion for Attorneys' Fees

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[PROPOSED] ORDER PURSUANT TO THE STIPULATION OF THE PARTIES, AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED: 9/3 Dated: ____________, 2010

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Smith., et al. v. City of Oakland, et al., Case No. C05-04045 EMC Stipulation and [Proposed] Order Extending Time to File Motion for Attorneys' Fees

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Edward M. Chen Magistrate Judge hen United States District CourtM. C dward Judge E

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