Whitaker v. Got Pho Corporation

Filing 10

ORDER re #9 VACATING EXISTING DEADLINES, CONDITIONALLY DISMISSING ACTION, AND SETTING DEADLINE TO FILE ANY MOTION FOR ATTORNEY'S FEES AND COSTS signed by Judge Phyllis J. Hamilton on June 4, 2021. (pjhlc2S, COURT STAFF) (Filed on 6/4/2021)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRIAN WHITAKER,

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v.
GOT PHO CORPORATION,
Defendant.

United States District Court
Northern District of California

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ORDER VACATING EXISTING
DEADLINES, CONDITIONALLY
DISMISSING ACTION, AND SETTING
DEADLINE TO FILE ANY MOTION
FOR ATTORNEY'S FEES AND COSTS
Re: Dkt. No. 9

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Case No. 21-cv-02998-PJH

Plaintiff,

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The court is in receipt of plaintiff’s notice of settlement. Dkt. 9. In it, plaintiff states

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that the parties have reached a partial settlement in this action with respect to damages

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only. Id. Plaintiff signals that the parties have not reached such settlement with respect

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to attorney’s fees and costs and that he intends to file a motion for such expenses. Id. In

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light of the parties’ partial settlement, plaintiff requests that the court vacate all existing

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deadlines “with the expectation” that the parties will file a joint stipulation for dismissal at

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some time after a motion for attorney’s fees and costs is “heard and settlement is

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funded.” Id.

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The court hereby VACATES all existing deadlines in this action. However, the

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court will not permit this action to languish on its docket pending plaintiff’s indefinite

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intention to file a motion for attorney’s fees and costs. Because Civil Local Rule 54

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allows 14 days from the entry of judgment or dismissal for the filing of a motion for

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attorney’s fees and/or costs, such motion need not precede the conclusion of this

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case. Thus, the court ORDERS that this case is dismissed without prejudice; provided,

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however that if any party hereto shall certify to this court, within 60 days, with proof of

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service thereof on the opposing party, that the agreed consideration for said settlement

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has not been delivered over, the foregoing order shall stand vacated and this case shall

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forthwith be restored to the calendar to be set for trial.

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If no certification is filed, after passage of 60 days, the dismissal shall be with

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prejudice. The parties may, of course, substitute a dismissal with prejudice at any time

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during this 60-day period. Plaintiff shall file his motion for attorney’s fees and costs within

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14 days after expiration of this 60-day period, unless the parties stipulate to a later

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deadline.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: June 4, 2021
/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge

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