Muniz v. United Parcel Service, Inc.

Filing 315

ORDER SETTING BRIEFING SCHEDULE. Responses due by 1/16/2014.Replies due by 1/30/2014. Replies due by 2/6/2014. Signed by Judge Saundra Brown Armstrong on 12/31/2013. (ndr, COURT STAFF) (Filed on 12/31/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KIM MUNIZ,

United States District Court
For the Northern District of California

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Plaintiff,

ORDER SETTING
BRIEFING SCHEDULE

v.
UNITED PARCEL SERVICE, INC., a
corporation and DOE 1 through DOE
20, inclusive,

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No. C 09-1987 CW

Defendant.
________________________________/

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Following a jury verdict in Plaintiff Kim Muniz’s favor,

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Defendant United Parcel Service, Inc. timely appealed the Court’s

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order awarding Plaintiff $697,971.80 in attorneys’ fees under

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California’s Fair Employment and Housing Act.1

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2014, the Ninth Circuit affirmed in part and vacated in part the

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fee award.

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vacated the Court’s award of $55,286 in fees for work performed by

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paralegal Susan Jaffe, holding that the award of the paralegal

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fees was based upon impermissible hearsay.

Docket No. 313.

On December 5,

Specifically, the Ninth Circuit

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Both parties filed appeals of other issues, which were
resolved by stipulation. See Docket Nos. 295, 300, 311.

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The Ninth Circuit remanded the case to this Court

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1) to reconsider an award of fees to Susan Jaffee for
paralegal work on behalf of Muniz and to determine, in
the first instance, whether any hearsay exception
applies to [Stephen] Jaffe’s declaration regarding fees
for paralegal work in this case and 2) to determine an
award to Muniz for reasonable attorney fees and costs
incurred in defending [the] appeal.

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United States District Court
For the Northern District of California

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Docket No. 313 at 22-23.

Accordingly, the parties are directed to

submit briefs addressing any admissible evidence in the record to
support Ms. Jaffe’s fees and whether any hearsay exception applies
to Mr. Jaffe’s declaration regarding Ms. Jaffee’s fees.

In

addition, the parties’ briefs should address the reasonable amount
of fees to be awarded to Muniz incurred in defending the appeal.
Plaintiff shall file a brief, not to exceed fifteen pages, by
January 16, 2014.

Defendant shall file a responsive brief, also

not to exceed fifteen pages, by January 30, 2014.
file a reply brief by February 6, 2014.

Plaintiff may

The matter shall be taken

under submission and decided on the papers.
IT IS SO ORDERED.

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Dated:
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12/31/2013

CLAUDIA WILKEN
United States District Judge

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