Toll Brothers, Inc v. Lin et al

Filing 277

ORDER. Signed by Judge Samuel Conti on 02/13/2012. (sclc2, COURT STAFF) (Filed on 2/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TOLL BROTHERS, INC.,

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Plaintiff,

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v.

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CHANG SU-O LIN; HONG LIEN LIN;
and HONG YAO LIN,

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Defendants.

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Case No. 08-987 SC
ORDER DENYING WITHOUT
PREJUDICE DEFENDANTS'
MOTION FOR ATTORNEY FEES

A motion for attorney fees brought by Defendants Chang Su-O

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Lin, Hong Lien Lin, and Hong Yao Lin ("Defendants") came on for

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hearing on February 10, 2012.

For two reasons, the Court DENIES

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the motion WITHOUT PREJUDICE.

First, the motion is premature

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because the parties may incur additional attorney fees while the

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Court makes the factual findings required on remand from the

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Ninth Circuit.

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Ninth Circuit and have not properly presented the motion to this

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Court.

Second, Defendants filed their motion before the

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February 13, 2012

RT

l Conti
e Samue
Judg

UNITED STATES DISTRICT JUDGE

ER

H

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Dated:

NO

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R NIA

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FO

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T

ITHOU
IED W
DEN
DICE
PREJU

LI

IT IS SO ORDERED.

A

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S DISTRICT
TE
C
TA

RT
U
O

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UNIT
ED

For the Northern District of California

United States District Court

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