Ashker et al v. Schwarzenegger et al

Filing 923

ORDER REGARDING MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION REGARDING REASSIGNMENT OF FEES MOTION TO MAGISTRATE JUDGE ILLMAN AND REASSIGNMENT OF MOTIONS FOR ATTORNEYS' FEES by Judge Claudia Wilken. (dtmS, COURT STAFF) (Filed on 11/30/2017)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4

TODD ASHKER, et al.,
Plaintiffs,

5
v.

6
7

MATHEW CATE, et al.,
Defendants.

8
9
United States District Court
Northern District of California

Case No. 09-cv-05796-CW
ORDER REGARDING MOTION FOR
LEAVE TO FILE MOTION FOR
RECONSIDERATION REGARDING
REASSIGNMENT OF FEES MOTION
TO MAGISTRATE JUDGE ILLMAN
AND REASSIGNMENT OF MOTIONS
FOR ATTORNEYS’ FEES
(Dkt. Nos. 690, 756, 834,
876)

10
11

On November 2, 2017, Plaintiffs brought a motion for leave

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

to file a motion for reconsideration of the Court’s Order
Referring Certain Duties and Motions to Judge Illman (Docket No.
856).

Plaintiffs contend that Judge Illman should not decide

Plaintiffs’ Motion for Attorneys’ Fees and Costs (Docket No. 690)
and Plaintiffs’ Request for Interim Payment of Undisputed
Attorneys’ Fees (Docket No. 756) because he participated in
settlement conferences related to attorneys’ fees as a law clerk
to Judge Vadas.

Because the parties previously agreed to Judge

Vadas’ dual role as a mediator and adjudicator of issues
pertaining to the settlement agreement, the Court is not
persuaded that Judge Illman’s participation in settlement
conferences now precludes him from adjudicating the attorneys’
fees motions.

In an abundance of caution, however, the Court

will refer the attorneys’ fees motions to another magistrate
judge.
Accordingly, the Court construes Plaintiffs’ motion as a

motion for reconsideration and hereby GRANTS the motion.

2

Clerk of the Court will randomly reassign Plaintiffs’ Motion for

3

Attorneys’ Fees and Costs (Docket No. 690) and Plaintiffs’

4

Request for Interim Payment of Undisputed Attorneys’ Fees (Docket

5

No. 756) to a magistrate judge in this district other than Judge

6

Illman.

7

for Reassignment to Magistrate Judge, and for Interim Award

8

(Docket No. 834) concerns the same issues and shall be terminated

9
United States District Court
Northern District of California

1

as moot.

10

The

Plaintiffs’ Administrative Motion to Set Hearing Date or

IT IS SO ORDERED.

11
12

Dated: November 30, 2017
CLAUDIA WILKEN
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2