Jones v. Metropolitan Life Insurance Company et al

Filing 184

ORDER requiring additional filings; continuing hearing re 178 First MOTION to Amend/Correct 172 First MOTION for Attorney Fees First Interim Motion For Attorney's Fees Restated to Correct Tables filed by Susan Rene Jones, [17 2] First MOTION for Attorney Fees First Interim Motion For Attorney's Fees filed by Susan Rene Jones, 179 First MOTION for Attorney Fees NINTH CIRCUIT FEE APPLICATION TRANSFERRED filed by Susan Rene Jones. Signed by Judge James Ware on February 2, 2012. (jwlc2, COURT STAFF) (Filed on 2/2/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 08-03971 JW

Susan Rene Jones,

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ORDER REQUIRING ADDITIONAL
FILINGS; CONTINUING HEARING

Plaintiff,
v.

For the Northern District of California

United States District Court

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Metropolitan Life Ins. Co., et al.,
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Defendants.
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/
Presently before the Court is Plaintiff’s Motion for Attorney Fees.1 On January 3, 2012, the

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Ninth Circuit transferred to this Court Plaintiff’s application for attorney fees in the Ninth Circuit.

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(Docket Item No. 180.) Pursuant to that transfer, on January 8, 2012, Plaintiff filed a Motion for

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Ninth Circuit Attorney Fees. (See Plaintiff Jones’s Notice of Motion on Fee Application

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Transferred from Ninth Circuit, hereafter, “January 8 Motion,” Docket Item No. 179.) In the

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January 8 Motion, which Plaintiff noticed for February 13, 2012, Plaintiff moved the Court to “grant

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her Attorney’s Fee Application transferred from the [Ninth Circuit],” on the basis of, inter alia, “all

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filings, proceedings, and orders in the Ninth Circuit, any filings in this Court with respect to the

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Ninth Circuit appeal and fee application, . . . and . . . the entire record, the accompanying

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Memorandum, [and] the accompanying Declarations and Exhibits.” (Id. at 1-2.) However, Plaintiff

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(Plaintiff Jones’s Restated Notice of Motion and First Interim Motion for Attorney Fees,
hereafter, “Motion,” Docket Item No. 178.) This Motion is duplicative of an earlier-filed Motion for
Attorney Fees, which Plaintiff filed on December 14, 2011. (See Plaintiff Jones’s First Interim
Motion for Attorney Fees, hereafter, “December 14 Motion,” Docket Item No. 172.) Accordingly,
the Court DENIES as moot the duplicative December 14 Motion.

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attached none of these papers to her January 8 Motion. Nor has Plaintiff, or any party, filed any of

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these papers with the Court, frustrating the Court’s efforts at evaluating this Motion.

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Accordingly, the Court ORDERS Plaintiff to file, as a separate docket item, her Attorney Fee

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Application from the Ninth Circuit, along with all the accompanying documents referred to in

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Plaintiff’s January 8 Motion. In order to provide the Court sufficient time to evaluate these

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materials, the Court CONTINUES the hearing on both Plaintiff’s Motion for Attorney Fees and

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Plaintiff’s Motion for Ninth Circuit Attorney Fees to February 27, 2012 at 9 a.m.

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Dated: February 2, 2012
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Erin A. Cornell [e-mail]
Rebecca A. Hull [e-mail]
Robert Burton Nichols [e-mail]

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Dated: February 2, 2012

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy