Dower et al v. Bridgestone Firestone North American Tire, LLC et al

Filing 220

ORDER DENYING MOTION TO CLARIFY 219 (rslc1, COURT STAFF) (Filed on 3/18/2009)

1 2 3 4 5 6 7 8 9 10 VERNON DOWER, et al., v. Plaintiffs and Counterdefendants, NO. C 06-6837 JW (RS) ORDER DENYING MOTION FOR CLARIFICATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION *E-Filed 3/18/09*

United States District Court

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For the Northern District of California

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BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC, et al, Defendants, Counterclaimants, and Third-Party Plaintiffs,

v.

WALDO SIMONS, et al., Third-Party Defendants / On March 16, 2009, the Court entered its report and recommendation to the presiding judge that the attorneys for third party defendants be awarded $115,300.40 in fees and costs. On March 17, 2009, defendant Bridgestone Firestone North American Tire, LLC ("Firestone") submitted a letter, which the Court interprets to be a motion for clarification of its report and recommendation. In its letter, Firestone claims that the Court erred when it stated that: "There is no basis to find that the statement by the presiding judge in his conclusion should simply be ignored as Firestone suggests." March 16, 2009 Report and Recommendation at 3-4 (emphasis added). Firestone contends that it never "suggested" that any of the presiding judge's orders be "ignored," and as such, the word should be changed. Indeed, a full reading of the entire paragraph where the contested 1

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sentence occurs makes clear that the word "ignored" goes to the effect of Firestone's argument, not that it sought to "ignore" any order. No modification to the report and recommendation, therefore, is necessary, and the motion to clarify is denied. IT IS SO ORDERED.

Dated: 3/18/09

RICHARD SEEBORG United States Magistrate Judge

United States District Court

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For the Northern District of California

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ORDER DENYING MOTION FOR CLARIFICATION C 06-6837 JW (RS)

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THIS IS TO CERTIFY THAT NOTICE OF THIS ORDER HAS BEEN GIVEN TO: Craig Evan Needham Kirsten M. Fish Niall Padraic McCarthy Steven Noel Williams Aron K. Liang Barbara L. Lyons Andrew Terry Caulfield Matthew P. Vafidis Susan J. Matcham Vanessa W. Vallarta Thomas M. Bruen Erik A Reinertson Thomas M. Bruen [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] a [e-mail] [e-mail] [e-mail] [e-mail] t [e-mail] [e-mail] t [e-mail]

United States District Court

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For the Northern District of California

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AND A COPY OF THIS ORDER WAS MAILED TO: Lester J. Levy JAMS-Endispute Two Embarcadero Ctr Ste 1100 San Francisco, CA 94111 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the Court's CM/ECF program. Dated: 3/18/09 Richard W. Wieking, Clerk By:_______________________ Chambers

ORDER DENYING MOTION FOR CLARIFICATION C 06-6837 JW (RS)

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