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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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
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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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ECLECTIC PROPERTIES EAST, LLC, a
California Limited Liability Company, et al.,
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Plaintiffs,
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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.
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484599.01
STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO DEFER BRIEFING ON FEES
CASE NO. C-09-00511 RMW (RS)
673211.03
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STIPULATION
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WHEREAS, on June 8, 2012, the Court entered a final judgment in this case in favor of
defendants; and
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WHEREAS, under Federal Rule of Civil Procedure 54(d)(2)(B)(i), any defendant
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wishing to seek its attorneys’ fees must file a motion seeking such fees within 14 days of the date
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of entry of judgment, or by June 22, 2012; and
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WHEREAS, under Northern District Civil Local Rule 54-1(a), any defendant wishing to
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pursue its recoverable costs must file a bill of costs also within 14 days of the date of entry of
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judgment, or by June 22, 2012; and
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WHEREAS, plaintiffs have advised defendants that they intend to appeal the judgment in
defendants’ favor; and
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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;
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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:
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1.
In the event plaintiffs file an appeal of the Court’s June 8, 2012 judgment in this
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case, the time to file any motion for attorneys’ fees and costs and/or bill of costs shall be
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extended until thirty (30) days following final disposition of that appeal.
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2.
In the event plaintiffs elect not to pursue any appeal of the Court’s judgment, any
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motion for attorneys’ fees and costs and/or bill of costs shall be filed no later than thirty (30)
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days following expiration of the deadline for such appeal.
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IT IS SO STIPULATED.
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484599.01
STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO DEFER BRIEFING ON FEES
CASE NO. C-09-00511 RMW (RS)
673211.03
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Dated: June 21, 2012
KEKER & VAN NEST, LLP
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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
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Dated: June 21, 2012
SCHEPER KIM & HARRIS LLP
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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
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Dated: June 21, 2012
MCKENNON|SCHINDLER LLP
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By: Concurrence obtained General Order 45B.X
ERIC J. SCHINDLER
Attorneys for Defendants
PAUL A. MORABITO and BARUK
MANAGEMENT, INC.
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Dated: June 21, 2012
MANNING & MARDER, KASS, ELLROD,
RAMIREZ LLP
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By: Concurrence obtained General Order 45B.X
MICHAEL L. SMITH
Attorneys for Defendant
PGP VALUATION, INC.
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484599.01
STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO DEFER BRIEFING ON FEES
CASE NO. C-09-00511 RMW (RS)
673211.03
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Dated: June 21, 2012
HOPKINS & CARLEY
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By: Concurrence obtained General Order 45B.X
EUGENE ASHLEY
Attorneys for Defendants
GLEN KUNOFSKY and DAIZY GOMEZ
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Dated: June 21, 2012
McKENNA LONG & ALDRIDGE LLP
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By: Concurrence obtained General Order 45B.X
TIMOTHY A. HORTON
Attorneys for Defendants
TIBAROM NY LLC and TIBAROM PA LLC
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Dated: June 21, 2012
COUGHLIN STOIA GELLER RUDMAN &
ROBBINS LLP
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By: Concurrence obtained General Order 45B.X
DAVID J. GEORGE
Attorneys for Plaintiffs (listed on Caption
pages)
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484599.01
STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO DEFER BRIEFING ON FEES
CASE NO. C-09-00511 RMW (RS)
673211.03
1
[] ORDER
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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:
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1.
In the event plaintiffs file an appeal of the Court’s June 8, 2012 judgment in this
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case, the time to file any motion for attorneys’ fees and costs and/or bill of costs shall be
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extended until thirty (30) days following final disposition of that appeal.
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2.
In the event plaintiffs elect not to pursue any appeal of the Court’s judgment, any
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motion for attorneys’ fees and costs and/or bill of costs shall be filed no later than thirty (30)
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days following expiration of the deadline for such appeal.
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IT IS SO ORDERED.
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Dated:
_________________________________
HONORABLE RONALD M. WHYTE
UNITED STATES DISTRICT JUDGE
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484599.01
[] ORDER
CASE NO. C-09-00511 RMW (RS)
673211.03
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