Opinion
Case No.: C09-05191 CRB
11-11-2011
STEPHANIE ENYART Plaintiff, v. NATIONAL CONFERENCE OF BAR EXAMINERS, INC., Defendant.
LAURENCE W. PARADIS (CA Bar No. 122336) ANNA LEVINE (CA Bar No. 227881) DISABILITY RIGHTS ADVOCATES SCOTT C. LABARRE (pro hac vice) LABARRE LAW OFFICES, P.C. DANIEL F. GOLDSTEIN (pro hac vice) BROWN, GOLDSTEIN & LEVY, LLP Attorneys for Plaintiff GREGORY C. TENHOFF (154553) WENDY J. BRENNER (198608) LAURA A. TERLOUW (260708) COOLEY LLP ROBERT A. BURGOYNE (pro hac vice) FULBRIGHT & JAWORSKI L.L.P. Attorneys for Defendant National Conference of Bar Examiners
LAURENCE W. PARADIS (CA Bar No. 122336)
ANNA LEVINE (CA Bar No. 227881)
DISABILITY RIGHTS ADVOCATES
SCOTT C. LABARRE (pro hac vice)
LABARRE LAW OFFICES, P.C.
DANIEL F. GOLDSTEIN (pro hac vice)
BROWN, GOLDSTEIN & LEVY, LLP
Attorneys for Plaintiff
GREGORY C. TENHOFF (154553)
WENDY J. BRENNER (198608)
LAURA A. TERLOUW (260708)
COOLEY LLP
ROBERT A. BURGOYNE (pro hac vice)
FULBRIGHT & JAWORSKI L.L.P.
Attorneys for Defendant National Conference of Bar Examiners
STIPULATED REQUEST TO ENLARGE
TIME FOR FILING OF PLAINTIFF'S
MOTION FOR FEES AND COSTS AND
BILL OF COSTS.
I. Action Requested
Pursuant to Civil L.R. 6-2 and Civil L.R. 7-12 plaintiff Stephanie Enyart and defendant National Conference of Bar Examiners ("NCBE") (hereinafter, "the parties"), jointly stipulate and request an order extending by 30 days the filing deadline for Plaintiff's motion for attorneys fees and costs and bill of costs, to December 4, 2011.
II. Stipulation Regarding Requested Action
IT IS HEREBY STIPULATED between and among the parties, by and through their respective counsel of record, subject to the approval of the Court, which plaintiff and defendant jointly request, as follows:
WHEREAS, on November 4, 2011, this Court entered final judgment for Plaintiff;
WHEREAS, to advance judicial economy and an expeditious resolution to the litigation, the parties wish to explore the resolution of Plaintiff's claim for attorneys' fees and costs through settlement;
WHEREAS, the parties agree that they will be unable to complete a good faith negotiation regarding Plaintiff's claim for attorneys' fees and costs within the fourteen-day period provided by Civil L.R. 54-5(a) and Fed. R. Civ. P. Rule 54(d)(2)(b);
WHEREAS, the parties have not previously requested or received any time modifications for the motion for attorneys fees and costs; and
WHEREAS, the proposed time extension will at most delay resolution of the attorneys' fees component of this case by only 16 days, but may expedite the resolution of the case by clarifying and narrowing any remaining terms of disagreement following negotiation, or by obviating the need for motion practice entirely.
THE PARTIES HEREBY STIPULATE AS FOLLOWS:
1. The period during which the Plaintiff must file any motion for attorney's fees and costs and bill of costs shall be extended from within 14 days of entry of judgment by the Court, to within 30 days of entry of judgment by the Court. The new deadline for Plaintiff's motion for attorney's fees and bill of costs shall be December 5, 2011 (the first court day following the extension).
Respectfully Submitted,
DISABILITY RIGHTS ADVOCATES
By: Laurence Paradis
LABARRE LAW OFFICES, PC.
By: Scott Labarre
BROWN, GOLDSTEIN AND LEVY, PLLC
By: Daniel F. Goldstein
Attorneys for Plaintiff
COOLEY LLP
By: Gregory C. Tenhoff
Attorneys for Defendant
PURSUANT TO STIPULATION, IT IS SO ORDERED
Judge Charles R. Breyer