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STICKNEY v. CALIFORNIA GRAND CASINO INC.

United States District Court, N.D. California


September 20, 2005.

RICHARD STICKNEY, Plaintiff,
v.
CALIFORNIA GRAND CASINO, INC.; LAMAR V. "WILL" WILKINSON; and DOES 1-25, Inclusive, Defendants.

The opinion of the court was delivered by: CLAUDIA WILKEN, District Judge

STIPULATION AND ORDER TO EXTEND TIME FOR FILING MOTION FOR ATTORNEY FEES, EXPENSES, AND COSTS
STIPULATION
Plaintiff RICHARD STICKNEY and defendants CALIFORNIA GRAND CASINO, INC. and LAMAR V. WILKINSON, hereby jointly stipulate and request that the Court extend plaintiff's deadline for filing a motion for attorney's fees, litigation expenses, and costs from September 27, 2005 to November 28, 2006.

  Good cause exists for continuing the motion deadline:

  1. On September 7, 2005, the parties held a further settlement conference in front of Magistrate Judge Maria-Elena James. With the assistance of Judge James, the parties settled the injunctive relief and damages aspects of this litigation.

  2. Due to the time running out for the September 7 settlement conference, however, the parties were not able to even begin discussion of the issue of plaintiff's statutory attorney fees, litigation expenses, and costs. Judge James offered the parties a further settlement conference on this issue in the event that the parties were unable to settle the issue directly between themselves.

  3. The parties will attempt in good faith to negotiate a settlement of the attorney fees issue, first directly, and, if necessary, with the assistance of Magistrate Judge James. However, this process may take one to two months, especially due to the calendar of Judge James and the ability to schedule a settlement conference on her crowded calendar. The parties believe that negotiation of the attorney fee issue, rather than contested motion, would be a better use of the parties' and, especially, of the court's resources.

  4. No party has requested a continuance in this case prior to this request, and no party will be prejudiced by the continuance. There are no trial dates set or necessary in this case, since the attorney fee issue is the only outstanding issue.

  Therefore, the parties now hereby request that plaintiff's deadline for filing a motion for attorney's fees, litigation expenses and costs be extended to and through November 28, 2006.

  ORDER

  Pursuant to stipulation, and for good cause shown, IT IS SO ORDERED. Plaintiff shall file a motion for attorney's fees, litigation expenses and costs no later than November 28, 2006.

20050920

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