Opinion
DONAHUE & HORROW, LLP Nichole Podgurski Attorney for Plaintiff Otilia Sullivan
MESERVE, MUMPER & HUGHES LLP Cindy Mekari Attorneys for Defendants THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and PHH CORPORATION GROUP EMPLOYEE BENEFIT PLAN
STIPULATION AND ORDER RE ADDITIONAL TIME FOR PLAINTIFF TO FILE MOTION FOR ATTORNEYS' FEES AND COSTS TO ALLOW TIME FOR THE PARTIES TO CONTINUE TO MEET AND CONFER
Troy L. Nunley United States District Judge.
Plaintiff Otilia Sullivan ("Plaintiff) and Defendant The Prudential Insurance Company of America ("Prudential") enter this Stipulation based on the following:
WHEREAS, on October 22, 2014 the Court entered the Parties' Proposed Judgment in favor of Plaintiff. (See Doc. No. 68). Plaintiff, as the prevailing party in this litigation, may apply to the Court for an award of attorneys' fees and recovery of costs of action. Pursuant to the Court's October 22, 2014 order, any application for an award of attorneys' fees and recovery of costs of action is due to be filed no later than December 6, 2014. (See Doc. No. 68). Pursuant to this Court's order, this date was continued to January 20, 2015. (See Doc. No. 70).
WHEREAS, Plaintiff has submitted detailed information to Prudential for its review in support of its motion for an award of attorneys' fees and costs. Prudential is and has been in the process of reviewing this information and the Parties have been meeting and conferring regarding the issue.
WHEREAS, the Parties have been working together and have diligently met and conferred in good faith in an effort to reach a resolution on attorneys' fees and costs without court intervention. The Parties represent that due to unavailability of counsel and their clients, especially due to unavailability that was exacerbated during the holiday season, there was further delay with the meet and confer process. Plaintiff has provided detailed information regarding their attorneys' fees and costs to Prudential which Prudential has reviewed in detail however the Parties are continuing to meet and confer and assert that they will not be in a position to complete their meet and confer efforts and come to a resolution or prepare a motion, if necessary, prior to the January 20, 2015 deadline to file a motion.
Therefore, the Parties, by and through their counsel of record, stipulate and agree that Plaintiff shall have an additional twenty (20) days to file any motion for an award of attorneys' fees and recovery of costs in this action. Plaintiffs motion for attorneys' fees and costs shall be filed no later than February 9, 2015. The Parties do not anticipate needing any additional time beyond this time period.
The foregoing proposed stipulation is respectfully submitted.
IT IS SO STIPULATED.
IT IS SO ORDERED.