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Moralez v. Whole Foods Market California, Inc.

United States District Court, Ninth Circuit

June 12, 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.

ORDER RE JOINT STIPULATION TO CONTINUE HEARING ON PLAINTIFF'S ATTORNEY FEE FEE APPLICATION

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 was filed on April 16, 2013 and judgment was entered on April 29, 2013;

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;

WHEREAS, on or about April 16, 2013, the parties stipulated and requested 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, defendant's shall file their opposition on or before June 14, 2013, and plaintiff's counsel shall file her reply on or before June 21, 2013;

WHEREAS, on or about April 25, 2013, the Court ordered the briefing schedule set forth above;

WHEREAS, plaintiff's counsel filed her application on May 31, 2013;

WHEREAS, July 12, 2013, the date set for the hearing on Plaintiff's counsel's application is unavailable for defense counsel due to prearranged out-of-state travel and maternity leave.

THEREFORE, the parties stipulate and request the Court to continue the hearing on plaintiff's counsel's application for attorney fees, litigation expenses and costs to July 19, 2013; all other briefing deadlines to remain the same

ORDER

Having reviewed and considered the above Stipulation of the parties, and good cause appearing, the Court continues the hearing date for plaintiff's counsel's application for attorney fees, litigation expenses and costs to July 19, 2013. PURSUANT TO STIPULATION, IT IS SO ORDERED.


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