Fagan v. Cigna Group Insurance et al

Filing 45

SECOND STIPULATION AND ORDER TO EXTEND TIME TO FILE A MOTION FOR ATTORNEYS FEES re 44 Stipulation filed by Mark Fagan. Signed by Judge Phyllis J. Hamilton on 9/21/10. (nah, COURT STAFF) (Filed on 9/21/2010)

Fagan v. Cigna Group Insurance et al

Doc. 45

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DELFINO GREEN & GREEN 1010 B Street, Suite 320 San Rafael,CA9490I Telephone: [phone] Facsimile : (41 5) 442-4802
Attorneys for Plaintiff MARK FAGAN

Jennifer de la Campa-SBN 236524

V/illiam Green-SBN 1337 03 Sharon Delfino Green-SBN 133703

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UNITED STATES DISTzuCT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MARK FAGAN,

Case

No.:No. C 09-2658 PJH TO EXTEND
NNOTTOÑ F'OR

qllBurArroN (sECoND)
TIME TO F'ILE À

ATTORNEYS FEES; [PROPOSEDI ORDER
LIFE INSURANCE CO. OF NORTH AMERICA and NOVARTIS VACCINES AND DIAGNOSTICS, INC., et al., Defendant

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On August 19,2010, the Court decided this case by issuing its "Order Re Cross-Motions

For Summary Judgment." (Document No. 40) The Court granted plaintiffls Motion and denied
Defendant's Motion. The Court also granted plaintifPs request for an award of reasonable

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attomey's fees and costs. The Court further ordered that: "The parties shall first attempt to negotiate a reasonable amount of fees and only if unsuccessful, plaintifß shall file a motion for
fees and costs pursuant to

Civil Local Rule 54-5..

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on August 3I,2010, the parties determined that the meet and confer process would not be complete in time to file a motion for attomeys fees on or before the deadline of September 2,

second stipuration to continue Date for Filing Motion for Attornevs Fees

Dockets.Justia.com

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2010. As such, the parties submitted a stipulation to extend time to September 23,2010.
(Document No. 42) On September 3,2010, the Court entered an order on the above-referenced stipulation

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allowing Plaintiff until September 23,2010 to file and serve a motion for attornevs fees if the
meet and confer process was unsuccessful. (Document No. 43)

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Due to press ofother cases, personal obligations, and an unexpected prolonged absence
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of one attomey in Plaintiff s Counsel's small law office (three attorneys), Plaintiff s Counsel
somewhat delayed in providing Defendant's Counsel with written material substantiating the amounts of attomey fees and costs incurred by Plaintiff in this matter. Those amounts were

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provided on September 16,2010. However, Defendant's Counsel advised that Defendants would
require an additional ten (10) to fourteen (14) days to review and, analyze the materials provided

by Plaintiff s Counsel and provide a response. As such, one additional short extension of time to

file

a

motion for attorneys' fees is required.
Therefore, pursuant to Northem District of California Civil Local Rule 6-2, plaintiff

Mark Fagan and Defendant Life Insurance Company of North America and Novartis Vaccines
and Diagnostics, Inc., et al, stipulate to extend the deadlines for

filing of a motion for attomeys

fees pursuant to Civil Local Rule 54-5 by an additional two weeks (until October 2,2010).

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ilt ilt

Second

stipuJ-ation to continue Date for Firing Motion for Attorneys

Eees

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IT IS HEREBY STIPULATED, by and between

the parties to this action that the new

date for filing and serving a motion for attorney's fees shall be Thursday, October 2,2010.
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Dated:

September 17,2010

DELFINO GREEN & GREEN

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Attorneys for Plaintiff Mark Fagan

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Dated:

Septgmber 17,2010

IWILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER. LLP

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Attorneys for Life Insurance Company of North America and Novartis Vaccines and Diagnostics, Inc.

ORDER

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The parties having stipulated as above and good cause appearing therefore, the hearing dates are as follows: A motion for attomey's fees pursuant to

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Civil Local Rule 54-5 shall be

filed and served no later than Thursday, Octob er 2, 2010.

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Dated: 9/21/10

UNIT ED

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IT IS SO ORDERED.

S DISTRICT TE C TA

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F D IS T IC T O R

Second

Stipulation to Continue Date for Filing Motion for Attorneys

Fees

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FO

rs J. .Haml ton United States Distiict Court Northern District of Californiaon milt is J. Ha ge Phyll Jud

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O OR IT IS S

DERED

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