Carrera v. Thyssen Krupp Safway, Inc.

Filing 78

ORDER re 59 , 60 Approving Defendant's Unopposed Application for Claimed Fees and Costs. Gerald Scher to pay defendant $6477.98 within 30 days from the date of this order. Signed by Magistrate Judge Howard R. Lloyd on 9/19/2011. (hrllc2, COURT STAFF) (Filed on 9/19/2011)

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*E-FILED 09-19-2011*

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NOT FOR CITATION

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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 JOSE DIVISION

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For the Northern District of California

United States District Court

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BONIFACIO CARRERA,
Plaintiff,

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No. C09-02672 HRL
ORDER APPROVING DEFENDANT’S
UNOPPOSED APPLICATION FOR
CLAIMED FEES AND COSTS

v.
THYSSEN KRUPP SAFEWAY, INC. and
DOES 1 to 100, inclusive,

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Defendant.
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/
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This court previously ordered plaintiff’s counsel, Gerald Scher, to pay defendant’s

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reasonable fees and costs necessitated by Scher’s failure to serve timely and proper expert

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disclosures—including any fees and costs defendant incurred in bringing a motion to strike the

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defective disclosures (Docket No. 59). See FED. R. CIV. P. 37(c)(1)(A). Defendant timely filed

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documentation supporting its claimed fees and costs. Although plaintiff was given an

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opportunity to respond, he failed to do so. Briefing on the matter closed months ago. The

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matter is deemed submitted and unopposed.1 Having reviewed defendant’s submission, the

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court finds the claimed amount to be reasonable in any event.

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This court subsequently was informed that Mr. Scher’s license was suspended
by the California State Bar beginning June 18, 2011 through September 17, 2011. (Docket
No. 66). All of the relevant briefing deadlines re defendant’s claimed fees and costs,
however, lapsed months before that suspension began. As such, it does not appear that the
suspension affected plaintiff’s ability to timely file a response by the court-ordered deadline.
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Accordingly, Gerald Scher shall pay defendant $6477.98 for reasonable attorney’s fees
and costs incurred. Payment shall be made within 30 days from the date of this order.
SO ORDERED.
Dated: September 19, 2011

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HOWARD R. LLOYD
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UNITED STATES MAGISTRATE JUDGE

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For the Northern District of California

United States District Court

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5:09-cv-02672-HRL Notice has been electronically mailed to:

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Frank Edward Schimaneck [e-mail], [e-mail],
[e-mail], [e-mail]

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Gerald Herbert Scher [e-mail], [e-mail],
[e-mail]

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Roger Arne Agen

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Susan E. Foe

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William John Armstrong

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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.

[e-mail]

[e-mail], [e-mail], [e-mail]
[e-mail]

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For the Northern District of California

United States District Court

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