Fagan v. Cigna Group Insurance et al

Filing 48

STIPULATION AND ORDER RE PLAINTIFF'S REASONABLE ATTORNEYS FEES AND COSTS re 47 Stipulation filed by Mark Fagan. Signed by Judge Phyllis J. Hamilton on 10/21/10. (nah, COURT STAFF) (Filed on 10/21/2010)

Fagan v. Cigna Group Insurance et al
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Doc. 48

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Jennifer de la Campa-SBN 236524 DELFINO GREEN & GREEN 1010 B Street, Suite 320 San Rafael. CA9490I Telephone: [phone] Facsimile: (41 5) 442-4802

V/illiam Green-SBN 12981 6 Sharon Delfino Green-SBN 133703

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Attorneys for Plaintiff MARK FAGAN

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MARK FAGAN,
Plaintiff,

Case No.:

No. C 09-02658 PJH

STIPULATION RE PLAINTIF'F'S REASONABLE ATTORNEYS FEES ANI) COSTS; [PROPOSED] ORDER

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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 'oOrder Re Cross-Motions

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

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

Civil Local Rule 54-5.,

On September
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29,20l},the parties completed the court ordered negotiations and agreed

that defendants, Life Insurance Company of North America and Novartis Vaccines and

stipulation Re pr-aintiff's

Reasonable Attorneys' Fees and costs
Dockets.Justia.com

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Diagnostics, Inc., would pay

plaintift Mark Fagan,$I37,410,as the reasonable amount of

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attorneys' fees and costs in the above-captioned matter.

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IT IS HEREBY STIPULATED, by and between the parties to this action that (1)
defendants, Life Insurance Company of North America and Novartis Vaccines and Diagnostics,

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Inc., will pay Plaintiff, Mark Fagan, $137,410 as the reasonable amount of attomeys, fees and
costs in the above-captioned matte4 and (z)that said attorneys' fees and costs payment shall be

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delivered to plaintiff s counsel's office no later than 5 p.m. on Monday, October 1g,2010.

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Dated:

October 5,2010

DELFINO GREEN & GREEN

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Attorneys for Plaintiff Mark Fagan

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Dated:

October 5,2010

WILSON, ELSER, MOSKOWITZ. EDELMAN & DICKER. LLP
/s/ Attorneys for Life Insurance Company of North America and Novartis Vaccines and Diagnostics, Inc.

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ORDER
The parties having stipulated as above and good cause appearing therefore, defendants.

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Life Insurance Company of North America

and Novartis vaccines and Diagnostics, Inc., are

hereby ordered to: (1) pay Plaintiff, Mark Fagan, SI37,4l0,as the reasonable amount

of

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Stipulation

Re

Plaintiff's

Reasonable Attorneys, Fees and Costs

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attorneys' fees and costs in the above-captioned action; and (2) deliver said attorneys, fees and
costs payment to

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plaintiff s counsel's office no later than 5 p.m. on Monday, October 1g, 2010.

IT IS SO ORDERED.
Dated: 10/21/10

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UNIT ED

lne rlonorable Phylhs J. H¿ United States Distiict Court Northern District RDERED O of California

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F D IS T IC T O R

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Stipulation

Re

PLaintiff's

Reasonable Attornevs, Fees and Costs

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FO

hyllis Judge P

J. Hami

lton

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IT IS S

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