Cohen et al v. Facebook, Inc.

Filing 97

ORDER DENYING MOTION TO COMPEL PRODUCTION OF BILLING RECORDS AND TAKING MOTION FOR ATTORNEY FEES UNDER SUBMISSION WITHOUT ORAL ARGUMENT. Signed by Judge Richard Seeborg on 12/1/11. (cl, COURT STAFF) (Filed on 12/1/2011)

**E-filed 12/1/11**

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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ROBYN COHEN, et al.,
Plaintiffs,

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v.
FACEBOOK, INC.,
Defendant.
____________________________________/

No. C 10-5282 RS
ORDER DENYING MOTION TO
COMPEL PRODUCTION OF
BILLING RECORDS AND TAKING
MOTION FOR ATTORNEY FEES
UNDER SUBMISSION WITHOUT
ORAL ARGUMENT

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Plaintiffs’ motion to compel production of billing records is denied.1 In the event the Court

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concludes Facebook is entitled to recover attorney fees, then if and to the extent that it has failed to

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present sufficiently detailed information to permit evaluation of the reasonableness of its fee claim,

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it will either be required to submit additional documentation at that juncture, or any fee award will

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be adjusted accordingly, as may be appropriate. Pursuant to Civil Local Rule 7-1(b), Facebook’s

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The motion was filed as one for administrative relief under Civil Local Rule 7-11 although
plaintiffs’ docketed the response and reply deadlines as if it had been brought on full notice, under
Rule 7-2. Facebook nevertheless filed a response within the deadline specified in Rule 7-11. The
motion seeks substantive relief of a nature not appropriately presented as a motion for
administrative relief, and should have been filed as a regularly-noticed motion, with an
accompanying motion under Rule 6-3 either to hear it on shortened time, or to continue the
underlying attorney fee motion to which it relates. Nevertheless, the motion will be addressed at
this juncture.

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motion for attorney fees is suitable for disposition without oral argument, and the hearing set for

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December 15, 2011 is vacated.

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IT IS SO ORDERED.

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Dated: 12/1/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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