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Moralez v. Whole Foods Market California, Inc.

United States District Court, Ninth Circuit

April 29, 2013

FRANCISCA MORALEZ, Plaintiff,
v.
WHOLE FOODS MARKET CALIFORNIA, INC.; BOND CC OAKLAND LLC; and DOES 1-10, Inclusive Defendants.

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP, A Limited Liability Partnership, Including Professional Corporations, RICHARD J. SIMMONS, Cal. Bar No. 72666, DEREK R. HAVEL, Cal. Bar No. 193464, Los Angeles, California,

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP, A Limited Liability Partnership Including Professional Corporations HAYLEY S. GRUNVALD, Cal. Bar No. 227909, San Diego, California, Attorneys for Defendant BOND CC OAKLAND LLC.

LAW OFFICES OF PAUL L. REIN, PAUL L. REIN, Cal Bar No. 43053, CELIA McGUINNESS, Cal Bar No. 159420, CATHERINE M. CABALO, Cal Bar No. 248198, Oakland, California, Attorneys for Plaintiff FRANCISCA MORALEZ.

JOINT STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE ATTORNEY FEE APPLICATION (F.R.C.P. Rule 54)

CHARLES R. BREYER, District Judge.

WHEREAS, defendant made a FRCP Rule 68 offer of judgment on April 2, 2013(later amended), and plaintiff accepted it on April 15, 2013;

WHEREAS, the notice of acceptance of the Rule 68 offer of judgment will be filed concurrently with this stipulation;

WHEREAS, the offer of judgment specifically excluded any attorney fees and contemplated that plaintiff's counsel will make application to this Court to recover attorney fees, litigation expenses and costs;

THEREFORE, the parties stipulate and request the Court to set the following briefing schedule for plaintiff's counsel's application for attorney fees, litigation expenses and costs. Plaintiff's counsel shall file her application on or before May 31, 2013, defendants shall file their opposition on or before June 14, 2013, and plaintiff's counsel shall file her reply on or before June 21, 2013.

ORDER

Having reviewed and considered the above Stipulation of the parties, and good cause appearing, the Court sets the following briefing schedule for plaintiff's counsel's application for attorney fees, litigation expenses and costs: Plaintiff's counsel shall file her application on or before May 31, 2013, defendant shall file their opposition on or before June 14, 2013, and plaintiff's counsel shall file her reply on or before June 21, 2013.

PURSUANT TO STIPULATION, IT IS SO ORDERED.


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