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Laura Gens v. Wachovia Mortgage Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


June 15, 2011

LAURA GENS,
PLAINTIFF,
v.
WACHOVIA MORTGAGE CORP., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER DENYING PLAINTIFF'S 12 MOTION TO STAY; GRANTING IN PART MOTION FOR EXTENSION OF TIME

(re: dkt. #78 and #79)

May 10, 2011 Order [dkt. #72]. On May 24, 2011, Defendants Wachovia Mortgage, FSB and World Savings Bank filed a motion for an award of attorney's fees. See Dkt. #73. With respect to 20 the motion for attorneys' fees, the Court set the following briefing schedule: Plaintiff's opposition 21 is due by Friday, July 1, 2011, and Defendants' reply is due by Friday, July 8, 2011. See Dkt. #76. 22

On June 9, 2011, Plaintiff filed a notice of appeal and requested that Defendants' motion for attorneys' fees be stayed pending that appeal. See Dkts. #78 and #79. Plaintiff also requested 25 an extension of the briefing schedule. 26

motion for attorney's fees despite Plaintiff's appeal. See Masalosalo v. Stonewall Ins. Co., 718 28 F.2d 955, 957 (9th Cir. 1983) ("The district court retained the power to award attorneys' fees after 1

In an Order dated May 10, 2011, the Court granted Defendants' motion to dismiss Plaintiff's third amended complaint with prejudice and directed the Clerk to close the file. See 18

The hearing on the attorneys' fees motion is set for September 1, 2011 at 1:30 p.m. 23

Plaintiff's motion to stay is DENIED. This Court retains jurisdiction over Defendants' the notice of appeal from the decision on the merits had been filed."). Should Plaintiff appeal the 2 Court's ruling on the motion for attorney's fees, the appeals may be consolidated. Id. at 957 ("If a 3 district court decides a fee issue early in the course of a pending appeal on the merits, and the fee 4 order is appealed, the appeals may be consolidated."). 5

The Court, however, will grant a one-week extension of the briefing schedule on the motion for attorneys' fees. Accordingly, Plaintiff's opposition is now due by Friday, July 8, 2011, and Defendants' reply is now due by Friday, July 15, 2011. The hearing on the motion remains set for September 1, 2011 at 1:30 p.m. 9

IT IS SO ORDERED.

For the Northern District of California United States District Court

20110615

© 1992-2011 VersusLaw Inc.



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