IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
March 13, 2012
MARYLAND CASUALTY COMPANY, AND DOES 1 THROUGH 50,
JAMES JARDINE, PLAINTIFF,
EMPLOYERS FIRE INSURANCE COMPANY, AND DOES 1 THROUGH 50,
ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S MOTION FOR ATTORNEY'S FEES
On January 5, 2012, the Court entered Judgment in this matter in favor of Defendant Employers Fire Insurance Company 24 ("Employers") and against Plaintiff James Jardine ("Jardine"). ECF No. 69 ("Jan. 5, 2012 J."). Having prevailed on summary judgment, Employers now seeks to recover reasonable attorney's fees. ECF No. 71 ("Mot."). Jardine opposes the motion for fees. ECF No. 78 ("Opp'n"). On January 23, 2012, Jardine filed a Notice of Appeal as to the January 5, 2012 Judgment. ECF No. 73 ("Not. of Appeal").
The outcome of Jardine's appeal may substantially affect Employers' 3 eligibility to recover attorney's fees. As such, it would be 4 premature to award Employers' fees at this time. The Court 5 therefore DENIES Employers' Motion WITHOUT PREJUDICE. If eligible 6 at that time, Employers may renew the request for fees following 7 the appeal. 8 9
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
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