Shirley v. WACHOVIA MORTGAGE FSB et al

Filing 79

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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 10 Northern District of California United States District Court 9 JOHN SHIRLEY, individually and as trustee of the JOHN F. SHIRLEY and JULIE E. SHIRLEY 2003 TRUST, and JULIE SHIRLEY, 11 Plaintiffs, 12 13 14 v. WACHOVIA MORTGAGE FSB, WELLS FARGO BANK N.A., and DOES 1-10, 15 Defendants. 16 17 18 WACHOVIA MORTGAGE, a division of WELLS FARGO BANK, N.A., formerly known as WACHOVIA MORTGAGE, FSB, 19 Third-Party Complainant, 20 21 22 23 24 v. LSI TITLE COMPANY; LENDER PROCESSING SERVICES, INC.; FIDELITY NATIONAL INFORMATION SERVICES, INC.; and ROES 1 through 10, inclusive, 25 Third-Party Defendants. 26 27 28 ) Case No. 10-03870-SC ) ) ORDER DENYING DEFENDANT'S ) MOTION FOR ATTORNEY FEES ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) On March 29, 2012, the Court entered Judgment in this matter 1 2 in favor of Defendant Wachovia Mortgage ("Wachovia") and against 3 John and Julie Shirley (the "Shirleys"). 4 Having prevailed on summary judgment, Wachovia now seeks to recover 5 attorney's fees. ECF No. 63 ("Mot."). 6 motion for fees. ECF No. 66 ("Opp'n"). 7 Shirleys filed a Notice of Appeal as to the Judgment. 8 ("Not. of Appeal"). 9 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 10 fees. As such, it would be premature to award Wachovia fees at 11 this time. The Court therefore DENIES Wachovia's Motion WITHOUT 12 PREJUDICE. Wachovia may renew the request for fees following the 13 appeal. 14 15 16 IT IS SO ORDERED. 17 18 19 2 Dated: July __, 2012 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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