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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BRIAN WHITAKER, 9 10 v. GOT PHO CORPORATION, Defendant. United States District Court Northern District of California 11 ORDER VACATING EXISTING DEADLINES, CONDITIONALLY DISMISSING ACTION, AND SETTING DEADLINE TO FILE ANY MOTION FOR ATTORNEY'S FEES AND COSTS Re: Dkt. No. 9 12 13 Case No. 21-cv-02998-PJH Plaintiff, 8 The court is in receipt of plaintiff’s notice of settlement. Dkt. 9. In it, plaintiff states 14 that the parties have reached a partial settlement in this action with respect to damages 15 only. Id. Plaintiff signals that the parties have not reached such settlement with respect 16 to attorney’s fees and costs and that he intends to file a motion for such expenses. Id. In 17 light of the parties’ partial settlement, plaintiff requests that the court vacate all existing 18 deadlines “with the expectation” that the parties will file a joint stipulation for dismissal at 19 some time after a motion for attorney’s fees and costs is “heard and settlement is 20 funded.” Id. 21 The court hereby VACATES all existing deadlines in this action. However, the 22 court will not permit this action to languish on its docket pending plaintiff’s indefinite 23 intention to file a motion for attorney’s fees and costs. Because Civil Local Rule 54 24 allows 14 days from the entry of judgment or dismissal for the filing of a motion for 25 attorney’s fees and/or costs, such motion need not precede the conclusion of this 26 case. Thus, the court ORDERS that this case is dismissed without prejudice; provided, 27 however that if any party hereto shall certify to this court, within 60 days, with proof of 28 service thereof on the opposing party, that the agreed consideration for said settlement 1 has not been delivered over, the foregoing order shall stand vacated and this case shall 2 forthwith be restored to the calendar to be set for trial. 3 If no certification is filed, after passage of 60 days, the dismissal shall be with 4 prejudice. The parties may, of course, substitute a dismissal with prejudice at any time 5 during this 60-day period. Plaintiff shall file his motion for attorney’s fees and costs within 6 14 days after expiration of this 60-day period, unless the parties stipulate to a later 7 deadline. 8 9 10 United States District Court Northern District of California 11 IT IS SO ORDERED. Dated: June 4, 2021 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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