Jardine v. One Beacon Insurance

Filing 81

Order by Hon. Samuel Conti denying without prejudice 71 Motion for Attorney Fees.(sclc1, COURT STAFF) (Filed on 3/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES JARDINE,

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Plaintiff,

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v.

United States District Court

For the Northern District of California

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MARYLAND CASUALTY COMPANY, and
DOES 1 through 50,

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Defendants.

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JAMES JARDINE,

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Plaintiff,

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v.

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EMPLOYERS FIRE INSURANCE
COMPANY, and DOES 1 through 50,
Defendants.

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Case Nos. 10-3335 SC
ORDER DENYING WITHOUT
PREJUDICE DEFENDANT'S MOTION
FOR ATTORNEY'S FEES

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On January 5, 2012, the Court entered Judgment in this matter

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in favor of Defendant Employers Fire Insurance Company

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("Employers") and against Plaintiff James Jardine ("Jardine").

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No. 69 ("Jan. 5, 2012 J.").

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Employers now seeks to recover reasonable attorney's fees.

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71 ("Mot.").

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("Opp'n").

ECF

Having prevailed on summary judgment,

Jardine opposes the motion for fees.

ECF No.

ECF No. 78

On January 23, 2012, Jardine filed a Notice of Appeal

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as to the January 5, 2012 Judgment.

ECF No. 73 ("Not. of Appeal").

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The outcome of Jardine's appeal may substantially affect Employers'

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eligibility to recover attorney's fees.

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premature to award Employers' fees at this time.

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therefore DENIES Employers' Motion WITHOUT PREJUDICE.

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at that time, Employers may renew the request for fees following

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the appeal.

As such, it would be
The Court
If eligible

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IT IS SO ORDERED.

United States District Court

For the Northern District of California

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Dated: March 13, 2012
UNITED STATES DISTRICT JUDGE

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