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)

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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 28 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entry of its Order hereon. 14 THEREFORE, the parties STIPULATE AN AGREE: 15 (1) Defendant's Bil of Costs shall be withdrawn with prejudice and such costs 16 shall not hereafter be asserted to be costs for which Defendants may recover, subject to 17 Defendant having the right to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 26 27 28 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 17 18 Dated: January 10, 2013 19 20 21 FOL~?r/ &fl..C. "~./tø)v / . bi~ , By ¿ (¿ ~1,;/ Max Fo e 1 Attorneys for Plaintiff David Ho 22 23 24 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 (PROPOSED) ORDER RE: WITHDRAWAL OF DEFENDAN'S BILL OF COSTS

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