Dytch v. Moussaka Mediterranean Kitchen LLC et al

Filing 60

Order signed by Judge Richard Seeborg for Judge Saundra Brown Armstrong Granting 59 Stipulation for Extension of Time for Plaintiff to File Motion for Attorney's Fees and Costs.(bns, COURT STAFF) (Filed on 8/2/2022)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
300 South First Street, Suite 342
San Jose, California 95113
Telephone [phone]
Facsimile [phone]
E-mail: [e-mail]
Attorney for Plaintiff,
Albert Dytch

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALBERT DYTCH,

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Plaintiff,
vs.
MOUSSAKA MEDITERRANEAN
KITCHEN LLC, et al.,
Defendants.

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No. 4:20-cv-06030-SBA
STIPULATION FOR EXTENSION OF
TIME FOR PLAINTIFF TO FILE
MOTION FOR ATTORNEY’S FEES AND
COSTS; ORDER

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WHEREAS, on June 15, 2022, Plaintiff, Albert Dytch (“Plaintiff”), and Defendants

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Moussaka Mediterranean Kitchen, LLC and Croce and Marisa Bevilacqua, on behalf of the

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2003 Bevilacqua Family Trust under instrument dated Dec. 8, 2003 (collectively “Defendants,”

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and together with Plaintiff, “the Parties”), stipulated to dismiss this action with prejudice and

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consented for the Court to retain jurisdiction over the action for the purpose of adjudicating

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Plaintiff’s motion to recover attorney’s fees and costs (“Fees Motion”) (Dkt. 57);

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WHEREAS, on June 16, 2022, the Court entered its Order approving the Parties’

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stipulation and ordered Plaintiff to file his Fees Motion within 45 days (Dkt. 58), which puts

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the deadline at August 1, 2022;

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WHEREAS, the Parties have been engaged in good faith meet and confer efforts

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pursuant to Local Rule 54-5, in which Plaintiff has provided a detailed breakdown of the fees

STIPULATION FOR EXTENSION OF TIME TO COMPLETE SCHEDULED DEPOSITIONS;
ORDER
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and costs he is seeking to Defendants, and Defendants have agreed to review the breakdown

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and identify any time or cost entries that are disputed, so that the Parties can further meet and

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confer in an effort to resolve as many of these issues as possible prior to Plaintiff filing his

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Fees Motion;

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WHEREAS, counsel had scheduled a further meet and confer telephone conference for

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today, July 21, 2022, to discuss the aforementioned, but counsel for Moussaka Mediterranean

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Kitchen, LLC has become unavailable due to a family medical emergency and has requested to

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postpone settlement discussions while he attends to said family issues;

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WHEREAS, the Parties wish to extend the deadline for Plaintiff to file his Fees

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Motion in order to provide more time to exhaust settlement efforts before Plaintiff must

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prepare the motion;

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NOW, THEREFORE, the Parties, through their counsel of record, hereby stipulate to
extend the deadline for Plaintiff to file his Fees Motion until August 15, 2022.
IT IS SO STIPULATED.

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Dated: July 21, 2022

/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Albert Dytch

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Dated: July 21, 2022

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YUDIEN LAW FIRM, P.C.
/s/ Jordan Yudien
Jordan Yudien
Attorney for Defendant,
Moussaka Mediterranean Kitchen LLC

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MOORE LAW FIRM, P.C.

Dated: July 21, 2022

BURNHAM BROWN
/s/ Charles A. Alfonzo
Charles A. Alfonzo
Attorneys for Defendants,
Croce Bevilacqua, Trustee of the 2003 Bevilacqua
Family Trust under instrument dated Dec. 8, 2003;

STIPULATION FOR EXTENSION OF TIME TO COMPLETE SCHEDULED
DEPOSITIONS; ORDER
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and Marisa Bevilacqua, Trustee of the 2003
Bevilacqua Family Trust under instrument dated
Dec. 8, 2003

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ATTESTATION

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Concurrence in the filing of this document has been obtained from each of the individual(s)
whose electronic signature is attributed above.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Albert Dytch

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ORDER

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The parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that the deadline for Plaintiff Albert Dytch to file his

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motion for attorney’s fees and costs, as set forth in the Court’s Order dismissing this action

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(Dkt. 58), is extended to August 15, 2022.

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IT IS SO ORDERED.

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Dated:

8/2/202

RS
Richard Seeborg for Saundra Brown Armstrong
United States District Judge

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STIPULATION FOR EXTENSION OF TIME TO COMPLETE SCHEDULED
DEPOSITIONS; ORDER
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