Borgman et al v. Insphere Insurance Solutions, Inc et al

Filing 32

ORDER Awarding Attorneys' Fees and Costs Awarded to Defendants re 31 Declaration of Paulo B. McKeeby In Support of Attorneys' Fees and Costs Awarded to Defendants filed by Insphere Insurance Solutions, Inc. Signed by Judge Charles R. Breyer on 5/1/2012. (beS, COURT STAFF) (Filed on 5/1/2012)

Case3:11-cv-05638-CRB Document31-2 Filed03/29/12 Page1 of 2

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MORGAN, LEWIS & BOCKIUS LLP
BARBARA A. FITZGERALD, SBN 151038
[e-mail]
SALVATORE PICARIELLO, SBN 190442
[e-mail]
KATHRYN T. McGUIGAN, SBN 232112
[e-mail]
300 South Grand Avenue, 22nd Fl.
Los Angeles, CA 90071-3132
Tel: [phone] /Fax: [phone]
MORGAN, LEWIS & BOCKIUS LLP
PAULO B. MCKEEBY (Admitted Pro Hac Vice)
[e-mail]
1717 Main Street, Suite 3200
Dallas, TX 75201-7347
Attorneys for Defendants
INSPHERE INSURANCE SOLUTIONS, INC.,
CORNERSTONE AMERICA, UGA-ASSOCIATION
FIELD SERVICES (erroneously identified as UNITED
GROUP ASSOCIATION), THE MEGA LIFE AND
HEALTH INSURANCE COMPANY, AND
HEALTHMARKETS INSURANCE COMPANY

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KENT BORGMAN, DEBORAH
O’CONNELL AND GREGORY
UMAMOTO,
Plaintiffs,
vs.
INSPHERE INSURANCE SOLUTIONS,
INC., a business, form unknown;
CORNERSTONE AMERICA, a business,
form unknown; UNITED GROUP
ASSOCIATION, a business, form unknown;
THE MEGA LIFE AND HEALTH
INSURANCE COMPANY, a business, form
unknown; HEALTHMARKETS
INSURANCE COMPANY, a business, form
unknown; DAVID MACK and Individual and
Managing Agent for Insphere Insurance
Solutions; KATHY FENNEY, an Individual
and Managing Agent for Insphere Insurance
Solutions; and DOES 1 TO 50, inclusive,
Defendants.

Case No. 3:11-CV-05638-CRB
[Hon. Charles R. Breyer]
[PROPOSED] ORDER AWARDING
DEFENDANTS ATTORNEYS’ FEES AND
COSTS AWARDED TO DEFENDANTS
PURSUANT TO COURT’S MARCH 16,
2012 ORDER [DKT. # 30]

[Declaration of Paulo B. McKeeby Filed
Concurrently Herewith]

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[PROPOSED] ORDER AWARDING FEES TO
DEFENDANTS

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

DB1/ 69453485.1

Case3:11-cv-05638-CRB Document31-2 Filed03/29/12 Page2 of 2

Pursuant to this Court’s Order of March 16, 2012 [Dkt. 30], Defendants have filed the

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Declaration of Paulo B. McKeeby and other evidence regarding the attorneys’ fees and costs

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Defendants have incurred in defending this action since the Court’s issuance of an OSC on

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January 4, 2012 [Dkt. #18]. At oral argument on March 16, 2012, on Plaintiffs’ Motion under

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Rule 60(b) to set aside the Court’s previous dismissal of Plaintiffs’ case with prejudice, the Court

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ruled that Plaintiffs’ Rule 60(b) motion should be granted on the condition that Plaintiffs’ counsel

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pay to Defendants (through their counsel of record) attorneys’ fees and costs incurred after the

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entry of the court’s OSC order. Based on the Court’s consideration of all papers submitted in

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support of and opposition to the award of attorneys’ fees and costs, and good cause appearing

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therefor,
IT IS HEREBY ORDERED that Plaintiff’s counsel, James Otto, shall pay Defendants

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(through their counsel of record) for their attorneys’ fees and costs in the total amount of

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29,245.09
$___________ within fourteen (14) calendar days of the entry of this Order.
IT IS FURTHER ORDERED that, within seven (7) calendar days after the deadline for

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Plaintiffs’ counsel to make complete and timely payment, Defendants shall notify the Court if

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Plaintiffs’ counsel has made such payment. Absent complete and timely payment to Defendants,

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Plaintiffs’ Motion to Set Aside the Dismissal and Judgment pursuant to Rule 60(b) of the Federal

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Rules of Civil Procedure will and hereby is deemed DENIED.
IT IS SO ORDERED.

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, 2012

Hon. Charles R. Breyer ED
DE
United States District R
SO OR Judge

IT IS

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[PROPOSED] ORDER AWARDING FEES TO
DEFENDANTS

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

DB1/ 69453485.1