Shirley v. WACHOVIA MORTGAGE FSB et al
Filing
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Order by Hon. Samuel Conti denying 63 Motion for Attorney Fees.(sclc2, COURT STAFF) (Filed on 7/2/2012) (Additional attachment(s) added on 7/2/2012: # 1 proof of service) (tdm, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Northern District of California
United States District Court
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JOHN SHIRLEY, individually and as
trustee of the JOHN F. SHIRLEY
and JULIE E. SHIRLEY 2003 TRUST,
and JULIE SHIRLEY,
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Plaintiffs,
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v.
WACHOVIA MORTGAGE FSB, WELLS
FARGO BANK N.A., and DOES 1-10,
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Defendants.
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WACHOVIA MORTGAGE, a division of
WELLS FARGO BANK, N.A., formerly
known as WACHOVIA MORTGAGE, FSB,
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Third-Party Complainant,
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v.
LSI TITLE COMPANY; LENDER
PROCESSING SERVICES, INC.;
FIDELITY NATIONAL INFORMATION
SERVICES, INC.; and ROES 1
through 10, inclusive,
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Third-Party Defendants.
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) Case No. 10-03870-SC
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) ORDER DENYING DEFENDANT'S
) MOTION FOR ATTORNEY FEES
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On March 29, 2012, the Court entered Judgment in this matter
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in favor of Defendant Wachovia Mortgage ("Wachovia") and against
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John and Julie Shirley (the "Shirleys").
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Having prevailed on summary judgment, Wachovia now seeks to recover
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attorney's fees.
ECF No. 63 ("Mot.").
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motion for fees.
ECF No. 66 ("Opp'n").
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Shirleys filed a Notice of Appeal as to the Judgment.
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("Not. of Appeal").
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substantially affect Wachovia's eligibility to recover attorney's
ECF No. 59 ("Judgment").
The Shirleys oppose the
On May 1, 2012, the
ECF No. 71
The outcome of the Shirleys appeal may
United States District Court
For the Northern District of California
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fees.
As such, it would be premature to award Wachovia fees at
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this time.
The Court therefore DENIES Wachovia's Motion WITHOUT
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PREJUDICE.
Wachovia may renew the request for fees following the
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appeal.
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IT IS SO ORDERED.
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Dated: July __, 2012
UNITED STATES DISTRICT JUDGE
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