Thomas v. Bostwick
Filing
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ORDER by Judge Joseph C. Spero denying without prejudice 88 Motion for Attorney Fees. (jcslc2, COURT STAFF) (Filed on 10/2/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RICHARD TODD THOMAS,
Case No. 13-cv-02544-JCS
Plaintiff,
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v.
ORDER REGARDING MOTION FOR
ATTORNEYS' FEES
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JAMES S. BOSTWICK, et al.,
Re: Dkt. No. 88
Defendants.
United States District Court
Northern District of California
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The Court entered judgment for Plaintiff on September 3, 2014, and Plaintiff filed a
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Motion for Attorneys’ Fees on September 17, 2014. Dkt. 88. On October 1, 2014—the last day
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by which Defendant could file a timely opposition—Defendant filed a Motion to Alter or Amend
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Judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure. Dkt. 92. Defendant
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also filed a “Notice of Stay” stating Defandant’s understanding that this latest motion should serve
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to “presently relieve the parties from preparing and filing additional pleadings in connection with
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Plaintiff[’s] . . . Motion for Attorneys’ Fees.” Dkt. 94.
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The Court agrees that interests of judicial economy would not be served by litigating
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Plaintiff’s Motion for Attorneys’ Fees while the judgment on which it relies is in doubt.
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Depending on the outcome of Defendant’s Motion, Plaintiff’s Motion may no longer be
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warranted, or Plaintiff may wish to revise its contents. The Court therefore DENIES Plaintiff’s
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Motion for Attorneys’ Fees without prejudice. Plaintiff may renew his Motion within fourteen
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(14) days after the resolution of Defendant’s Motion to Alter Judgment.
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IT IS SO ORDERED.
Dated: October 2, 2014
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JOSEPH C. SPERO
United States Magistrate Judge
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