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Flagship West, LLC v. Excel Realty Partners

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 21, 2009

FLAGSHIP WEST, LLC, ET AL., PLAINTIFFS,
v.
EXCEL REALTY PARTNERS, L.P., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER DENYING PLAINTIFFS' MOTION FOR ATTORNEYS' FEES (Doc. 406) AND DEFENDANT NEW PLAN EXCEL REALTY TRUST, INC.'S MOTION FOR ATTORNEYS' FEES (Doc. 410) WITHOUT PREJUDICE

Because of the Ninth Circuit's vacation of the Judgment awarding rescission damages to Plaintiffs and remand for determination of the availability of rescission, the motions for attorneys' fees filed by Plaintiffs and by Defendant New Plan Excel Realty Trust, Inc. are DENIED WITHOUT PREJUDICE. Upon resolution of the rescission issues, the parties may again file their respective motions for attorneys' fees.

IT IS SO ORDERED.

20090921

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