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Smith v. City of Oakland

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


September 3, 2010

TORRY SMITH, ET AL., PLAINTIFFS,
v.
CITY OF OAKLAND; ET AL., DEFENDANTS.

The opinion of the court was delivered by: Edward M. Chen Magistrate Judge United States District Court

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFFS TO FILE MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS

THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL OF RECORD DO HEREBY STIPULATE AND AGREE AS FOLLOWS:

Whereas, the parties have reached a tentative settlement of the entire action;

Whereas, there is currently a deadline to file a motion for attorneys' fees and costs on 5 appeal in the District Court of September 14, 2010;

Whereas, the parties wish to avoid incurring additional time and expense preparing and responding to a motion for appellate fees while the parties attempt to finalize a settlement of the 9 entire action; and,

Whereas the parties previously stipulated to an open extension of time to file a motion for the attorneys' fees and costs incurred in the District Court before the filing of the appeal and it would conserve time to file both the motions for the fees incurred in the District Court and on appeal at the same time if such motions become necessary due to any failure to finalize a settlement of the entire action,

THE PARTIES DO HEREBY STIPULATE AND AGREE THAT Plaintiffs shall have an open extension of time to file their motion for an award of attorneys' fees and costs on appeal.

IT IS SO STIPULATED:

Dated: September 1, 2010 James B. Chanin Attorney for Plaintiffs Dated: September 1, 2010 Randolph Hall Attorney for Defendants

PURSUANT TO THE STIPULATION OF THE PARTIES, ES DISTRI AND FOR GOOD CAUSE SHOWN,

IT IS SO ORDERED:

20100903

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