United States District Court, N.D. California, San Francisco Division
October 5, 2005.
LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff,
HENRY D. HOGE, an individual, et al. Defendants.
The opinion of the court was delivered by: WILLIAM ALSUP, District Judge
STIPULATION AND [PROPOSED] ORDER RE: REVISION OF EXEMPTION
In response to this Court's order of September 30, 2005, the
parties submit this proposed order, revising the aggregate dollar
amount for the prior post-judgment exemption order. This revision
is necessitated by the decision of the Ninth Circuit Court of
Appeals, and the corresponding August 22, 2005 order of this
Judgment was entered in this matter on April 14, 2003. On
November 18, 2003, Special Master Thomas J. Klitgaard issued a
report and recommendation regarding an exemption to be allowed
Defendants Henry D. Hoge and Dona P. Hoge ("Hoge Defendants") for
attorneys' fees and costs, which recommendation for exemption was
premised on Cal. Code Civ. Proc. section 487.020. The Special
Master's report and recommendation provided for an aggregate
exemption for attorneys' fees and costs in the amount of
$525,454.00. That aggregate amount was based on estimates as to
several categories of fees and costs, both past and future. On January 30, 2004, this Court issued an order, which approved
the recommendations set forth in the Special Master's November
18, 2003 report. Plaintiff appealed the order, and the Ninth
Circuit Court of Appeals reversed and remanded, in part. Based on
that decision, this Court issued an order on August 22, 2005,
captioned "Order Amending Exemption of Attorney's Fees." Pursuant
to that August 22, 2005 order, and subsequent orders granting
extensions of time, the parties were required to confer and reach
agreement as to revision of the aggregate dollar amount of the
exemption for attorney's fees and costs.
The parties have conferred, and submit that the aggregate
dollar amount of the exemption for attorney's fees and costs may
be revised from $525,454.00 to $178,040.00. Neither Plaintiff
nor the Hoge Defendants make any admission or comment as to any
particular category of attorney's fees or costs identified in the
Special Master's November 18, 2003 report.
IT IS SO STIPULATED BY COUNSEL.
IT IS SO ORDERED.
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