V. et al v. Wagner et al

Filing 514

ORDER by Judge Claudia Wilken DENYING WITHOUT PREJUDICE PLAINTIFFS 273 MOTION FOR ATTORNEYS FEES. (ndr, COURT STAFF) (Filed on 4/9/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 DAVID OSTER, et al., 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 No. C 09-4668 CW Plaintiffs, v. WILL LIGHTBOURNE, Director of the California Department of Social Services; TOBY DOUGLAS, Director of the California Department of Health Care Services; CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES; and CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES (Docket No. 273) Defendants. ________________________________/ 13 14 On November 17, 2009, Defendants filed a notice of appeal of 15 this Court’s first preliminary injunction entered in October 2009. 16 Plaintiffs’ motion for attorneys’ fees has been pending since 17 December 23, 2009. 18 19 Docket No. 273. On March 5, 2012, Defendants appealed this Court’s second preliminary injunction, granted on January 19, 2012, and related 20 interlocutory orders, including the Court’s March 2, 2012 21 22 23 24 preliminary injunction order. A case management conference is scheduled for this action on July 25, 2012 at 2:00 pm. The Court will defer ruling on the motion for attorneys’ fees 25 until after the first appeal is decided. 26 reasons, the Court denies the motion without prejudice, subject to 27 refiling after the appeal on the first preliminary injunction is 28 For administrative 1 decided. 2 will decide the motion on the papers. 3 injunction is reversed in whole or in part, the Court will call 4 for supplemental briefs and decide the motion on the papers. 5 If the preliminary injunction is affirmed, the Court If the preliminary IT IS SO ORDERED. 6 7 8 Dated: 4/9/2012 CLAUDIA WILKEN United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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