Opinion
21-cv-3875
09-06-2023
PROGRESSIVE DEMOCRATS FOR SOCIAL JUSTICE, a Democratic Club Chartered by the Santa Clara County Democratic Party; KRISTA HENNEMAN; and CARLIE WARE, Plaintiffs, v. ROB BONTA, in his official capacity as Attorney General for the State of California, Defendant.
Jason Harrow Gerstein Harrow LLP Counsel for Plaintiffs Keith Wurster Office of the Attorney General Counsel for Defendants
Jason Harrow Gerstein Harrow LLP Counsel for Plaintiffs
Keith Wurster Office of the Attorney General Counsel for Defendants
STIPULATED REQUEST FOR AN ORDER CHANGING TIME TO FILE MOTION FOR ATTORNEY'S FEES, WITH DECLARATION OF JASON HARROW
STIPULATED REQUEST
On August 30, 2023, this Court entered a stipulated judgment in favor of Plaintiffs. The judgment stated that Plaintiffs are the prevailing party.
Under Federal Rule 54, any motion for Plaintiffs' attorney's fees and costs would be due within fourteen days later, on September 13, 2023. The parties now agree to request an order extending the time to file for 60 days, to and including November 13, 2023, for Plaintiffs to file any such motion if it is necessary.
As the accompanying declaration explains, the extension is necessary to give Defendant time to review Plaintiffs' request for fees, attempt to resolve the matter without court intervention, and to meet and confer with Plaintiffs about any disputes, per the Local Rule, should a motion be necessary.
This is the first such extension. Because judgment has already been entered for Plaintiffs and the case closed, the extension would have no effect on the merits of the case.
The filer attests that all parties consent to their signature appearing on this document.
DECLARATION OF JASON HARROW
1. My name is Jason Harrow. I am counsel for Plaintiffs, am over eighteen years old and, if called, could testify to the following information.
2. I make this declaration pursuant to Local Rule 6-2 in support of a stipulated request to change the time to file a motion for attorney's fees and costs.
3. Any motion for attorney's fees and costs is currently due September 13, 2023. I have discussed an extension to and including November 13, 2023 with counsel for Defendant, and opposing counsel agrees on this extension. This is the first such extension request, and it will have no impact on the merits of the case, which has already been decided.
4. The extension is extension is necessary to give Defendant time to review Plaintiffs' request for fees and costs, attempt to resolve the matter without court intervention, and to meet and confer with Plaintiffs about any disputes, per the Local Rule, should a motion be necessary.
5. In particular, although Plaintiffs shared time entries and a detailed memo explaining their request for fees and costs even before judgment entered, Defendant's counsel has told me on the phone that review of this submission takes substantial time. If no agreement is reached, the additional time will permit the parties to narrow any dispute and brief the matter efficiently.
6. Accordingly, we jointly make the request to extend the time to file any motion for fees and costs to and including November 13, 2023.
I declare under penalty of perjury under the laws of the United States the forgoing is true and correct. Dated September 6, 2023.
Jason Harrow