Hart v. Unum Life Insurance Company of America et al

Filing 83

ORDER Denying Plaintiff Hart's 81 Administrative Motion to Shorten Time on Hart's Motion for Attorney Fees and Costs. Signed by Judge Thelton E. Henderson on 7/17/2017. (tehlc2S, COURT STAFF) (Filed on 7/17/2017)

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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.

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UNUM LIFE INSURANCE COMPANY
OF AMERICA,
Defendant.

Case No. 15-cv-05392-TEH
ORDER DENYING PLAINTIFF
HART’S ADMINISTRATIVE
MOTION TO SHORTEN TIME ON
HART’S MOTION FOR ATTORNEY
FEES AND COSTS

United States District Court
Northern District of California

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On July 10, 2017, Plaintiff Hart filed a renewed Motion for Attorney’s Fees, Costs

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of Suit, Award of Damages and Prejudgment Interest. ECF No. 67. Currently before the

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court is Hart’s administrative motion pursuant to Civ. L.R. 7-11 to expedite the motion’s

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briefing schedule and to set a hearing on the motion for July 31, 2017. ECF No. 81.

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Defendant Unum timely opposed the administrative motion, pointing out procedural

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deficiencies under Civ. L.R. 6-3 and stating that its counsel will be unavailable on July 31,

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2017. ECF No. 82.

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In light of Unum’s opposition and given the close proximity of Judge Henderson’s

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retirement, the Court is unable to grant Hart’s request to expedite the briefing and hearing

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on Plaintiff’s motion for attorney fees. Moreover, while the Court is aware of Hart’s

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concerns regarding case reassignment to a new judge, the Court is fully confident that the

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motion will be fairly and adequately addressed regardless of which judge in this district

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receives the case.

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Accordingly, Hart’s administrative motion to shorten time is DENIED. The

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briefing and hearing on Hart’s attorney fees and costs motion shall continue to be governed

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under Civ. L.R. 7, subject to any future orders by the receiving judge.

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IT IS SO ORDERED.

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Dated: 7/17/2017

_____________________________________
THELTON E. HENDERSON
United States District Judge

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United States District Court
Northern District of California

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