Pacific Dawn LLC et al v. Locke et al

Filing 66

ORDER Signed by Judge Thelton E. Henderson vacating re 62 Plaintiffs' Motion for Attorneys' Fees. Parties shall meet and confer in accord with Civil Local Rule 54-5. If they cannot resolve the dispute in its entirety, Plaintiffs may file a renewed motion that narrows the issues for judicial resolution. (tehlc3, COURT STAFF) (Filed on 3/26/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PACIFIC DAWN, LLC, et al.,

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Plaintiffs,

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v.
JOHN BRYSON, et al.,

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NO. C10-4829 TEH
ORDER VACATING
PLAINTIFFS’ MOTION FOR
ATTORNEYS’ FEES

Defendants.

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For the Northern District of California

United States District Court

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The Court is in receipt of Plaintiffs’ motion for attorneys’ fees and costs under the

12 Equal Access to Justice Act. Civil Local Rule 54-5(a) requires that “[c]ounsel for the
13 respective parties must meet and confer for the purpose of resolving all disputed issues
14 relating to attorney’s fees before making a motion for award of attorney’s fees.” Civ. L.R.
15 54-5(a). A fees motion must be supported by a declaration or affidavit that includes the
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A statement that counsel have met and conferred for the purpose
of attempting to resolve any disputes with respect to the motion
or a statement that no conference was held, with certification that
the applying attorney made a good faith effort to arrange such a
conference, setting forth the reason the conference was not
held. . . .

21 Civ. L.R. 54-5(b)(1). Plaintiffs have not provided such a statement.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiffs’ motion for attorneys’ fees and costs is VACATED.

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2. In accordance with the Local Rules, the parties shall meet and confer regarding

25 Plaintiffs’ request for fees and costs. Local Rule 1-5(n) provides that “meet and confer”
26 means to “communicate directly and discuss in good faith the issue(s). . . . [T]his
27 requirement can be satisfied only through direct dialogue and discussion – either in a face to
28 face meeting or in a telephone conversation.” Civ. L.R. 1-5(n).

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3. If the parties are unable to resolve the issues through the meet-and-confer process,

2 Plaintiffs may file a renewed motion for fees and costs that narrows the issues for judicial
3 resolution.
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5 IT IS SO ORDERED.
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7 Dated: 03/26/12
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

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