Pena v. Meeker, et al

Filing 412

ORDER by Judge Claudia Wilken Granting 411 Stipulation TO EXTEND DEADLINE FOR PLAINTIFF TO FILE MOTION FOR FEES AND COSTS. (ndr, COURT STAFF) (Filed on 2/12/2014)

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Lawrence J. King, State Bar No. 120805
11 Western Avenue
Petaluma, CA 94952
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorney for Plaintiff
Van A. Pena, Ph.D., M.D.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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VAN A. PENA,

Case No. C 00-04009 CW

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v.
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JUDITH BJORNDAL,

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Plaintiff, STIPULATION AND ORDER EXTENDING
THE TIME FOR PLAINTIFF TO FILE A
MOTION FOR ATTORNEY’S FEES AND
COSTS
Date:
Courtroom:
Defendant. Judge
Trial Date
Action Filed:

February 12, 14
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The Honorable Claudia Wilken
November 4, 2013
October 31, 2001

NOW COME THE PARTIES, BY AND THROUGH THEIR RESPECTIVE
ATTORNEYS OF RECORD AND STIPULATE AS FOLLOWS:

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Whereas:

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1.

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Plaintiff’s motion for fees and costs would ordinarily be due Wednesday, February

12, 2014 (i.e. fourteen days after entry of judgment);
2.

Defendant Bjorndal intends to file post-trial motions for a motion for a judgment

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as a matter of law pursuant to Rule 50 of the Federal Rules of Civil Procedure and a new trial

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pursuant to Rule 59 of the Federal Rules of Civil Procedure;

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3.

The time for filing a motion for fees and costs is tolled pending the outcome of

post-trial motions under Rule 50 or Rule 59. Bailey v. County of Riverside (9th Cir. 2005) 414
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STIPULATION AND PROPOSED ORDER EXTENDING THE TIME FOR PLAINTIFF
TO FILE A MOTION FOR ATTORNEY’S FEES AND COSTS (C 00-04009 CW)

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F.3d 1023, 1025; Alvarado v. Federal Exp. Corp., 2008 WL 2340211, (N.D.Cal. Jun 05, 2008)

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(NO. C 04-0098 SI, C 04-0099 SI); Berry v. Hawii Exp. Service, Inc., 2007 WL 689474,

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(D.Hawai'i Mar 02, 2007) (NO. 03-00385 SOMLEK);

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4.

Counsel for the parties have met and conferred and agreed to explore a resolution

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of this matter, once Defendant has filed her post-trial motions, in an attempt to resolve all issues,

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including, what if any attorneys’ fees and costs to which Plaintiff may be entitled in light of the

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jury verdict and any ruling by this Court’s on post-trial motions and the possibility of an appeal of

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the jury verdict in this case;

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5.

Allowing the parties to explore settlement prospects once all post-trial motions that

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may be filed by Defendant are matter of record may avoid an unnecessary expenditure of time

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and resources by the Court and the parties.

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6.

This is the first and only request to extend the time to file Plaintiff’s motion for

fees and costs.

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Therefore, the parties have agreed to request that the Court extend the time for Plaintiff to

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file his motion for attorneys’ fees and cost until fourteen (14) days after this Court rules on any

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and all post-trial motions that Defendant may choose to file.

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SO STIPULATED.

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Dated: February 12, 14

On behalf of Plaintiff Van A. Pena,

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/s/
LAWRENCE J. KING
Attorney for Plaintiff

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_

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Dated: February 12, 14

On behalf of Defendant Judith Bjorndal,

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/s/
_
TERRY SENNE, DEPUTY ATTORNEY GENERAL
Attorney for Defendant

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STIPULATION AND PROPOSED ORDER EXTENDING THE TIME FOR PLAINTIFF
TO FILE A MOTION FOR ATTORNEY’S FEES AND COSTS (C 00-04009 CW)

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ORDER

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Having reviewed and considered the parties’ stipulation and finding good cause therefore,

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the Court hereby orders that the time for Plaintiff to file his motion for fees and costs is extended

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until thirty (30) days after this Court issues her ruling on and all post-trial motions.

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IT IS SO ORDERED.
Dated: February 12, 2014

_________________________________________
The Honorable Claudia Wilken
Chief Judge for the Northern District of California

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STIPULATION AND PROPOSED ORDER EXTENDING THE TIME FOR PLAINTIFF
TO FILE A MOTION FOR ATTORNEY’S FEES AND COSTS (C 00-04009 CW)