Yadira v. Fernandez

Filing 166

Order by Hon. Ronald M. Whyte denying (165) Plaintiff Yadira's Third Motion to Extend Time to File Motion For Fees and Costs Pending Appeal in case 5:08-cv-05721-RMW and Rescheduling Hearing on Fees Motions for Friday, January 17, 2014 in Both Cases.Associated Cases: 5:08-cv-05721-RMW, 5:08-cv-05722-RMW(rmwlc1, COURT STAFF) (Filed on 12/10/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ALMA YADIRA, et al.,

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Case Nos. C-08-05721, C-08-05722 RMW
(related)
Plaintiffs,
ORDER DENYING PLAINTIFF’S THIRD
MOTION TO EXTEND TIME TO FILE
MOTION FOR FEES AND COSTS
PENDING APPEAL

v.
JESUS FERNANDEZ, et al.,

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Defendants.

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FLORENCIA MONDRAGON, et al.,
Plaintiffs,

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v.
JESUS FERNANDEZ, et al.,
Defendants.

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Plaintiff Yadira files her third motion to extend time to file her attorneys’ fees motion.

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This time, she cites a statute that she claims requires the court to allow her to file her fees motion

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after the appeal. A quick look at the statute reveals otherwise. 28 U.S.C. § 2412(d)(1)(B) only

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ORDER DENYING PLAINTIFF TIME EXTENTION
FOR ATTORNEYS FEES MOTION
CASE NO. C-10-04686 –RMW, RDS

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applies when the United States is a party. The United States is not a party in this action. Yadira’s

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motion is denied.

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To avoid prejudice to the defendant in responding to the motion on the court’s original

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schedule, the hearing is rescheduled for Friday, January 17, 2014 at 9 a.m. Absent an unexpected

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event, this date will not be changed. As Plaintiff Yadira has had more than ample time to

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prepare her fees motion, the motion will be filed no later than Thursday, December 12, 2013.

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Defendant Fernandez’s opposition will be filed no later than Monday, December 30, 2013.

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Plaintiff’s reply brief, if any, will be filed no later than Monday, January 6, 2014.

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Dated: December 10, 2013
Ronald M. Whyte
United States District Court Judge

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ORDER DENYING PLAINTIFF TIME EXTENTION
FOR ATTORNEYS FEES MOTION
CASE NO. C-10-04686 –RMW, RDS

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