Former Shareholders of CardioSpectra, Inc. v. Volcano Corporation and Does 1-10

Filing 120

ORDER REQUIRING SUBMISSION OF CONTEMPORANEOUS TIME RECORDS re 106 MOTION for Attorney Fees. Volcano shall lodge and serve the contemporaneous time records by May 30, 2014. Plaintiffs may file an objection to the records by June 23, 2014. Volcano may file a response to the plaintiffs' objection by July 7, 2014. The hearing on Volcano's fees motion currently set for May 28, 2014 is VACATED and RESCHEDULED for July 18, 2014 at 1:00 p.m. Signed by Judge William H. Orrick on 05/20/2014. (jmdS, COURT STAFF) (Filed on 5/20/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER E BANAS, et al.,

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Case No. 12-cv-01535-WHO

Plaintiffs,
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v.
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VOLCANO CORPORATION, et al.,

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Defendants.

ORDER REQUIRING SUBMISSION OF
CONTEMPORANEOUS TIME
RECORDS
Re: Dkt. No. 106

United States District Court
Northern District of California

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Defendant Volcano Corporation has filed a motion for attorneys’ fees following the

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Court’s order granting summary judgment for Volcano.1 Dkt. No. 106. In order to allow the

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Court and plaintiffs to effectively assess the reasonableness of Volcano’s fees request, Volcano

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shall provide the Court and the plaintiffs with contemporaneous time records of its timekeepers for

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inspection per Civil Local Rule 54-5(b)(2). The records shall be lodged with the Court and served

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on the plaintiffs; they shall not be filed on the publicly accessible docket. Given their volume,

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Volcano shall provide the records on a CD/DVD. The records shall be treated as “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY Disclosure or Discovery Material,” under the

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Stipulated Modified Protective Order governing this action. Dkt. No. 46.
Volcano shall lodge and serve the contemporaneous time records by May 30, 2014.

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Plaintiffs may file an objection to the records by June 23, 2014. Plaintiffs’ objection shall be

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limited to 15 pages and may only address alleged inefficiencies and unreasonable billing reflected

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in the records. The response shall not respond to arguments raised in Volcano’s fees motion.

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The underlying contract between the parties, which includes a fee shifting provision, is governed
by Delaware law. However, the parties agree that Civil Local Rule 54-5(b) governs the form of
Volcano’s fees motion.

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Volcano may file a response to the plaintiffs’ objection by July 7, 2014. Volcano’s response shall

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be limited to 15 pages and may only address the plaintiffs’ objection to the time records.

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The hearing on Volcano’s fees motion currently set for May 28, 2014 is VACATED and
RESCHEDULED for July 18, 2014 at 1:00 p.m.
IT IS SO ORDERED.
Dated: May 20, 2014
______________________________________
WILLIAM H. ORRICK
United States District Judge

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United States District Court
Northern District of California

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