Ho v. Ernst & Young LLP
Filing
350
STIPULATION AND ORDER 348 to Withdraw Bill of Costs. Signed by Judge Ronald M. Whyte on 1/16/13. (jg, COURT STAFF) (Filed on 1/16/2013)
1 AKN GUMP STRAUSS HAUER & FELD LLP
GREGORY W. KNOPP (SBN 237615)
2 CHRISTOPHER K. PETERSEN (SBN 260631)
gknopp@akingump.com
3 cIJetersen@akin~ll.com
2D29 Century Park Eask Suite 2400
4 Los Angeles, CA 90061
Telephone: (310) 229-1000
5 Facsimile: (310) 229-1001
6 Attorneys for Defendant,
7
Ernst & Young LLP
FOLKENFLIK & MCGERITY
8 MA FOLKENFIK
max(@fmlaw.net
9 1500Broad~ay, 21st Floor
New York, NY 10036
10 Telephone: (212) 757-0400
11 Facsimile: (212) 757-2010
12
DUCKWORlH PETERS LEBOWITZ OLIVER LLP
MONlQUE OLIVER (SBN 190385)
monique@dplolaw.com
13 100 Ifush StreetëSuite 1800
San Franscico, A 94104
14 Telephone: (415) 433-0333
15 Facsimile: (415) 449-6556
Attomeys for Plaintiff
16 David Ho
17
UNITED STATES DISTRICT COURT
18
NORTHRN DISTRICT OF CALIFORNIA
19
20
DAVID HO, on behalf of himself and
21 all others similarly situated and on
behalf of the general public, and
22 DOES # 1-20,
23
24 v.
Plaintiffs,
Case No. CV05-4867 RMW (HRL)
JOINT STIULATION RE:
WITDRAWAL OF DEFENDANT'S
BILL OF COSTS
25 ERNST & YOUNG LLP,
26
Defendant.
27
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JOINT STIPUlATION RE: WITHDRAWAL OF DEFENDAN'S BILL OF COS1
1 Plaintiff David Ho ("Plaintiff") and Defendant Ernst & Young LLP ("Defendant")
2 (collectively, the "Parties") through their attorneys of record, hereby agree and stipulate
3 as follows:
4 WHEREAS, the Court entered Judgment in favor of Defendant on December 17,
5 2012;
6 WHREAS, Defendant filed a Bil of Costs on December 28, 2012;
7 WHEREAS, Plaintiff filed a Notice of Appeal on December 4,2012 (the
8 "Appeal");
9 WHREAS, the Parties have reached an agreement resolving the matters raised
10 in, and contemplating the withdrawal of, the Bil of Costs, and the Appeal;
11 WHREAS, Defendant therefore wishes to withdraw the Bil of Costs with
12 prejudice, contingent on Plaintiff dismissing his Appeal with prejudice within fourteen
13 (14) calendar days of the Court's entry of its Order hereon.
14 THEREFORE, the parties STIPULATE AN AGREE:
15 (1) Defendant's Bil of Costs shall be withdrawn with prejudice and such costs
16 shall not hereafter be asserted to be costs for which Defendants may recover, subject to
17 Defendant having the right to revive the Bil of Costs if Plaintiff does not dismiss his
18 Appeal with prejudice within fourteen (14) calendar days of the Court's entry of its
19 Order hereon;
20 (2) Plaintiff wil dismiss his Appeal with prejudice within fourteen (14)
21 calendar days of the Court's entry of its Order hereon;
22 III
23 III
24 III
25 III
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1
JOINT STlPLATION RE; WITRAWAL Of DEDAN'S BILL OF COSTS
1 (3) Any revival of the Bil of Costs by Defendant in the event Plaintiff does not
2 timely dismiss the Appeal shall be made by notice to Plaintiff and the Court within
3 fourteen (14) calendar days after Plaintiff's deadline to dismiss the AppeaL.
4 (4) The Parties acknowledge and agree that the amounts reflected on the Bil of
5 Costs were not approved by the Clerk of the Court or by the Court which had discretion
6 over whether to award the Defendants any amount of costs and, if any amount would be
7 awarded, the amount to be awarded. The Parties agree that until such an order is
8 entered, the amounts included in the Bil of Costs do not represent a debt from Plaintiff
9 to Defendants.
10
11 IT is SO STIPULATED.
12
13 Dated: January 10,2013
AKN GUMP STRAUSS HAUER &
FELDLLP
14
15
By
16
Attorney
LLP
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18 Dated: January 10, 2013
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21
FOL~?r/ &fl..C. "~./tø)v
/ . bi~ ,
By ¿ (¿ ~1,;/
Max Fo e 1
Attorneys for Plaintiff David Ho
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25
26
27
28
2
JOINT STIPUlATION RE: WITHDRAWAL OF DEFENDAN'S BILL OF COSTS
1 AKN GUMP STRAUSS HAUER & FELD LLP
GREGORY W. KNOPP (SBN 237615)
2 CHRISTOPHER K. PETERSEN (SBN 260631)
gknopp@akingump.com
3 cpetersen@akingull.com
2D29 Century Park East, Suite 2400
4 Los Angeles, CA 90067
Telephone: (310) 229-1QOO
5 Facsimile: (310) 229-1001
6 Attorneys for Defendant,
Ernst & Young LLP
7
FOLKENFIK & MCGERITY
8 MA FOLKENFIK
max(âfrnaw.net
9 1500Broadway, 21st Floor
New York, NY 10036
10 Telephone: (212) 757-0400
11 Facsimile: (212) 757-2010
DUCKWORlH PETERS LEBOWITZ OLIVER LLP
12 MONIQUE OLIVER (SBN 190385)
monique@dplolaw.com
13 100 Ifush Stree~Suite 1800
San Franscico, LA 94104
14 Telephone: (415) 433-0333
15
Facsimile: (415) 449-6556
Attorneys for Plaintiff
16 David Ho
17
UNTED STATES DISTRICT COURT
18
NORTHRN DISTRICT OF CALIFORNIA
19
20
DAVID HO, on behalf of himself and
21 all others similarly situated and on
behalf of the general public, and
22 DOES # 1-20,
23
24 v.
Plaintiffs,
Case No. CV05-4867 RMW (HRL)
IPROPOSEDl ORDER RE:
WITDRAWAL OF DEFENDAN'S
BILL OF COSTS
25 ERNST & YOUNG LLP,
26
Defendant.
27
28
(PROPOSED) ORDER RE: WITDRAWAL OF DEFENDAN'S BILL OF COSTS
1 The Court having read and considered the Parties Joint Stipulation re: Withdrawal
2 of Defendant's Motion for Attorney's Fees and Bil of Costs, and good cause appearing,
3 THEREFORE:
4 IT is HEREBY ORDERED:
5 (1) Defendant's Bil of Costs shall be withdrawn with prejudice, subject to
6 Defendant having the fight to revive the Bil of Costs if Plaintiff does not dismiss his
7 Appeal with prejudice within five (5) days of the Court's entry of its Order hereon;
8 (2) Any revival of the Bil of Costs by Defendant in the event Plaintiff does not
9 timely dismiss the Appeal shall be made by notice to Plaintiff and the Court within five
10 (5) days after Plaintiff's deadline to dismiss the AppeaL.
11
12
IT
is SO ORDERED.
13
14
Dated:
Ronald M. Whyte
United States District Judge
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1
(PROPOSED) ORDER RE: WITHDRAWAL OF DEFENDAN'S BILL OF COSTS
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