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Shia Association of Bay Area, et al v. United States of America

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


December 12, 2012

SHIA ASSOCIATION OF BAY AREA, ET AL., PLAINTIFFS,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.

For the Northern District of California court

ORDER DENYING STIPULATION AND MOTION FOR ATTORNEY FEES

Now before the court is Plaintiffs' motion for attorney fees.

ECF No. 35 ("Mot."). The Motion has been pending before this Court 20 since May 2012 and Defendants have yet to file an opposition. The 21 parties recently filed a stipulation, requesting additional time to 22 resolve the motion. ECF No. 37 ("Stip."). The parties represent 23 that they have been engaged in discussions regarding settlement of 24 this matter and request that they have until February 2013 to file 25 a settlement agreement with the Court. Id. It is unclear why the 26 parties require over nine months to settle an attorney fees motion. 27

Accordingly, the Stipulation is DENIED. Additionally, the Court DENIES Plaintiffs' motion for attorney fees WITHOUT PREJUDICE.

Plaintiffs shall re-file their motion or submit a stipulation 2 regarding attorney fees within thirty (30) days of this Order. 3

Failure to do so shall constitute a waiver of Plaintiffs' right to 4 seek attorney fees in this matter. If Plaintiffs elect to re-file 5 their motion, it shall be submitted on the papers and shall be 6 briefed in accordance with the time limits set forth in the Civil Local Rules. Defendants' failure to file a timely opposition to 8 the motion may result in the award of attorney fees. 9 10

IT IS SO ORDERED.

For the Northern District of California court 11

UNITED STATES DISTRICT JUDGE

20121212

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