Shia Association of Bay Area, Inc., et al v. UNITED STATES OF AMERICA et al

Filing 38

ORDER by Judge Samuel Conti denying 35 Motion for Attorney Fees and 37 Stipulation to Extend Defendants' Time to Respond. (sclc1, COURT STAFF) (Filed on 12/12/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 United States District Court For the Northern District of California 9 10 SHIA ASSOCIATION OF BAY AREA, et al., 11 Plaintiffs, 12 v. 13 14 15 UNITED STATES OF AMERICA, et al., Defendants. 16 ) Case No. 11-1369 SC ) ) ORDER DENYING STIPULATION AND ) MOTION FOR ATTORNEY FEES ) ) ) ) ) ) ) ) ) ) 17 18 Now before the court is Plaintiffs' motion for attorney fees. 19 ECF No. 35 ("Mot."). 20 since May 2012 and Defendants have yet to file an opposition. 21 parties recently filed a stipulation, requesting additional time to 22 resolve the motion. 23 that they have been engaged in discussions regarding settlement of 24 this matter and request that they have until February 2013 to file 25 a settlement agreement with the Court. 26 parties require over nine months to settle an attorney fees motion. 27 Accordingly, the Stipulation is DENIED. 28 DENIES Plaintiffs' motion for attorney fees WITHOUT PREJUDICE. The Motion has been pending before this Court ECF No. 37 ("Stip."). Id. The The parties represent It is unclear why the Additionally, the Court 1 Plaintiffs shall re-file their motion or submit a stipulation 2 regarding attorney fees within thirty (30) days of this Order. 3 Failure to do so shall constitute a waiver of Plaintiffs' right to 4 seek attorney fees in this matter. 5 their motion, it shall be submitted on the papers and shall be 6 briefed in accordance with the time limits set forth in the Civil 7 Local Rules. 8 the motion may result in the award of attorney fees. If Plaintiffs elect to re-file Defendants' failure to file a timely opposition to 9 United States District Court For the Northern District of California 10 IT IS SO ORDERED. 11 12 13 Dated: December 12, 2012 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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