Eclectic Properties East, LLC et al v. The Marcus & Millichap Company et al

Filing 338

STIPULATION AND ORDER 337 to Defer Motions for Attorneys' Fees and Bills of Costs. Signed by Judge Ronald M. Whyte on 7/3/12. (jg, COURT STAFF) (Filed on 7/3/2012)

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1 2 3 4 5 6 7 8 KEKER & VAN NEST, LLP JOHN W. KEKER - #49092 DANIEL PURCELL - #191424 DAN JACKSON - #216091 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 jkeker@kvn.com dpurcell@kvn.com djackson@kvn.com Attorneys for Defendants THE MARCUS & MILLICHAP COMPANY, SOVEREIGN INVESTMENT COMPANY, SOVEREIGN SCRANTON LLC, SOVEREIGN CC, LLC, and SOVEREIGN JF, LLC 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 14 ECLECTIC PROPERTIES EAST, LLC, a California Limited Liability Company, et al., 15 Plaintiffs, 16 17 18 v. Case No. C-09-00511 RMW (RS) STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO DEFER MOTIONS FOR ATTORNEYS’ FEES AND BILLS OF COSTS; [] ORDER THE MARCUS & MILLICHAP COMPANY, a California corporation, et al., Defendants. 19 20 21 22 23 24 25 26 27 28 484599.01 STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO DEFER BRIEFING ON FEES CASE NO. C-09-00511 RMW (RS) 673211.03 1 STIPULATION 2 3 WHEREAS, on June 8, 2012, the Court entered a final judgment in this case in favor of defendants; and 4 WHEREAS, under Federal Rule of Civil Procedure 54(d)(2)(B)(i), any defendant 5 wishing to seek its attorneys’ fees must file a motion seeking such fees within 14 days of the date 6 of entry of judgment, or by June 22, 2012; and 7 WHEREAS, under Northern District Civil Local Rule 54-1(a), any defendant wishing to 8 pursue its recoverable costs must file a bill of costs also within 14 days of the date of entry of 9 judgment, or by June 22, 2012; and 10 11 WHEREAS, plaintiffs have advised defendants that they intend to appeal the judgment in defendants’ favor; and 12 13 WHEREAS, the parties mutually wish to defer litigation over defendants’ entitlement to fees and costs, if any, until after resolution of the substantive legal issues on appeal; 14 15 THEREFORE, the parties hereby stipulate and jointly request, pursuant to Federal Rule of Civil Procedure 54(d)(2)(B) and Northern District Civil Local Rules 54-1(a) and 54-5(a), that: 16 1. In the event plaintiffs file an appeal of the Court’s June 8, 2012 judgment in this 17 case, the time to file any motion for attorneys’ fees and costs and/or bill of costs shall be 18 extended until thirty (30) days following final disposition of that appeal. 19 2. In the event plaintiffs elect not to pursue any appeal of the Court’s judgment, any 20 motion for attorneys’ fees and costs and/or bill of costs shall be filed no later than thirty (30) 21 days following expiration of the deadline for such appeal. 22 IT IS SO STIPULATED. 23 24 25 26 27 28 1 484599.01 STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO DEFER BRIEFING ON FEES CASE NO. C-09-00511 RMW (RS) 673211.03 1 Dated: June 21, 2012 KEKER & VAN NEST, LLP 2 3 By: Daniel Purcell _____________________ DANIEL PURCELL Attorneys for Defendants THE MARCUS & MILLICHAP COMPANY, SOVEREIGN INVESTMENT COMPANY, SOVEREIGN SCRANTON LLC, SOVEREIGN CC, LLC, and SOVEREIGN JF, LLC 4 5 6 7 8 Dated: June 21, 2012 SCHEPER KIM & HARRIS LLP 9 10 By: Concurrence obtained General Order 45B.X DAVID C. SCHEPER Attorneys for Defendants MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES INC., MARCUS & MILLICHAP REAL ESTATE INVESTMENT BROKERAGE COMPANY, MARCUS MUIRHEAD, SEAN PERKIN, DONALD EMAS, ANDREW LESHER, STEWART WESTON, BRICE HEAD, and BRET KING 11 12 13 14 15 16 17 Dated: June 21, 2012 MCKENNON|SCHINDLER LLP 18 19 By: Concurrence obtained General Order 45B.X ERIC J. SCHINDLER Attorneys for Defendants PAUL A. MORABITO and BARUK MANAGEMENT, INC. 20 21 22 Dated: June 21, 2012 MANNING & MARDER, KASS, ELLROD, RAMIREZ LLP 23 24 25 By: Concurrence obtained General Order 45B.X MICHAEL L. SMITH Attorneys for Defendant PGP VALUATION, INC. 26 27 28 2 484599.01 STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO DEFER BRIEFING ON FEES CASE NO. C-09-00511 RMW (RS) 673211.03 1 Dated: June 21, 2012 HOPKINS & CARLEY 2 3 By: Concurrence obtained General Order 45B.X EUGENE ASHLEY Attorneys for Defendants GLEN KUNOFSKY and DAIZY GOMEZ 4 5 6 Dated: June 21, 2012 McKENNA LONG & ALDRIDGE LLP 7 8 By: Concurrence obtained General Order 45B.X TIMOTHY A. HORTON Attorneys for Defendants TIBAROM NY LLC and TIBAROM PA LLC 9 10 11 Dated: June 21, 2012 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 12 13 14 By: Concurrence obtained General Order 45B.X DAVID J. GEORGE Attorneys for Plaintiffs (listed on Caption pages) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 484599.01 STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO DEFER BRIEFING ON FEES CASE NO. C-09-00511 RMW (RS) 673211.03 1 [] ORDER 2 3 Pursuant to the stipulation of the parties, it is hereby ordered, pursuant to Federal Rule of Civil Procedure 54(d)(2)(B) and Northern District Civil Local Rules 54-1(a) and 54-5(a), that: 4 1. In the event plaintiffs file an appeal of the Court’s June 8, 2012 judgment in this 5 case, the time to file any motion for attorneys’ fees and costs and/or bill of costs shall be 6 extended until thirty (30) days following final disposition of that appeal. 7 2. In the event plaintiffs elect not to pursue any appeal of the Court’s judgment, any 8 motion for attorneys’ fees and costs and/or bill of costs shall be filed no later than thirty (30) 9 days following expiration of the deadline for such appeal. 10 IT IS SO ORDERED. 11 12 Dated: _________________________________ HONORABLE RONALD M. WHYTE UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 484599.01 [] ORDER CASE NO. C-09-00511 RMW (RS) 673211.03

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