Hart v. Unum Life Insurance Company of America et al

Filing 75

ORDER Vacating Plaintiff's 67 Motion for Attorney Fees, Costs of Suit, Award of Damages and Pre-judgment Interest. Signed by Judge Thelton E. Henderson on 6/14/17. The Parties' 74 Stipulation is found moot.(tehlc2, COURT STAFF) (Filed on 6/14/2017)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 NANCY HART, Plaintiff, 6 7 8 9 v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Case No. 15-cv-05392-TEH ORDER VACATING PLAINTIFF’S MOTION FOR ATTORNEY FEES, COSTS OF SUIT, AWARD OF DAMAGES AND PRE-JUDGMENT INTEREST Defendant. 10 United States District Court Northern District of California 11 The Court is in receipt of Plaintiffs’ motion for attorneys’ fees and costs under the 12 the Employment Retirement Income Security Act. Civil Local Rule 54-5(a) requires that 13 “[c]ounsel for the respective parties must meet and confer for the purpose of resolving all 14 disputed issues relating to attorney’s fees before making a motion for award of attorney’s 15 fees.” Civ. L.R. 54-5(a). A fees motion must be supported by a declaration or affidavit 16 that includes the following: 17 18 19 20 21 22 23 24 25 26 27 28 A statement that counsel have met and conferred for the purpose of attempting to resolve any disputes with respect to the motion or a statement that no conference was held, with certification that the applying attorney made a good faith effort to arrange such a conference, setting forth the reason the conference was not held. . . . Civ. L.R. 54-5(b)(1). Plaintiffs have not provided the Court with such a statement. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiffs’ motion for attorneys’ fees and costs is VACATED. 2. In accordance with the Local Rules, the parties shall meet and confer regarding Plaintiffs’ request for fees and costs. Local Rule 1-5(n) provides that “meet and confer” means to “communicate directly and discuss in good faith the issue(s). . . . [T]his requirement can be satisfied only through direct dialogue and discussion – either in a face to face meeting or in a telephone conversation.” Civ. L.R. 1-5(n). 1 3. If the parties are unable to resolve the issues through the meet-and-confer 2 process, Plaintiffs may file a renewed motion for fees and costs that narrows the issues for 3 judicial resolution. 4 5 IT IS SO ORDERED. 6 7 8 Dated: 6/14/2017 _____________________________________ THELTON E. HENDERSON United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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