Omega et al v. Wells Fargo & Co.,

Filing 91

ORDER RE REPORT AND RECOMMENDATION AND ORDER TO SHOW CAUSE TO PLAINTIFFS' COUNSEL. Signed by Judge Jeffrey S. White on July 16, 2012. (jswlc3, COURT STAFF) (Filed on 7/16/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FLORENCIO L. OMEGA, et al.,

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For the Northern District of California

United States District Court

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No. C 11-02621 JSW

Plaintiffs,

ORDER RE REPORT AND
RECOMMENDATION TO GRANT
MOTION FOR ATTORNEYS’
FEES AND ORDER TO
PLAINTIFFS’ COUNSEL TO
SHOW CAUSE

v.
WELLS FARGO & CO., et al.,

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Defendants.
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This matter comes before the Court upon consideration of the Report and

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Recommendation to grant Defendant’s motion for attorneys’ fees, prepared by Magistrate Judge

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Laporte (the “Report”). The time for filing objections has passed, and no party has filed

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objections.

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The Court has considered the Report, and the record in this case. The Court finds Judge

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Laporte’s recommendation that the Court grant the motion to be well reasoned and thorough.

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Accordingly, the Court ADOPTS the report and GRANTS the motion for attorneys’ fees.

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However, this Court also has concerns that Plaintiffs should not bear the entirety of the fee

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award. Accordingly, Plaintiffs’ counsel is HEREBY ORDERED TO SHOW CAUSE why he

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should not bear a portion of the fee award pursuant to 28 U.S.C. section 1927. Plaintiffs’

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counsel’s response to this Order to Show Cause shall be due by August 3, 2012. Plaintiffs’

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counsel need not repeat facts already presented to this Court, and he may incorporate prior

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filings by reference in his response. Plaintiffs’ counsel also is cautioned that he should not use

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his response to the Order to Show Cause to filed belated objections to the Report.

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If the Court believes a response from Defendant is warranted, it shall issue a further
order requesting a reply brief.
After the Court has received and considered Plaintiffs’ counsel’s response and, if
needed, a reply brief, the Court shall issue a final order on the Report.
IT IS SO ORDERED.
Dated: July 16, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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