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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NANCY HART,
Plaintiff,

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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.
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United States District Court
Northern District of California

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The Court is in receipt of Plaintiffs’ motion for attorneys’ fees and costs under the

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the Employment Retirement Income Security Act. Civil Local Rule 54-5(a) requires that

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“[c]ounsel for the respective parties must meet and confer for the purpose of resolving all

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disputed issues relating to attorney’s fees before making a motion for award of attorney’s

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fees.” Civ. L.R. 54-5(a). A fees motion must be supported by a declaration or affidavit

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that includes the following:

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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).

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3. If the parties are unable to resolve the issues through the meet-and-confer

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process, Plaintiffs may file a renewed motion for fees and costs that narrows the issues for

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judicial resolution.

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IT IS SO ORDERED.

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Dated: 6/14/2017

_____________________________________
THELTON E. HENDERSON
United States District Judge

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United States District Court
Northern District of California

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