Filed: Sep. 30, 2015
Latest Update: Sep. 30, 2015
Summary: ADMINISTRATIVE MOTION AND STIPULATION FOR ORDER TO SET ASIDE ORDER AND ABSTRACT OF JUDGMENT AND ORDER THEREON JEFFREY S. WHITE , District Judge . Pursuant to Local Rule 7-11, and based on the stipulation of the parties, Defendant, the City and County of San Francisco, hereby move this court, pursuant to Rule 60(b), for an Order setting aside the Order entered in this action on October 15, 2008 awarding attorney fees to defendant City and County of San Francisco in the amount of $153,867.50
Summary: ADMINISTRATIVE MOTION AND STIPULATION FOR ORDER TO SET ASIDE ORDER AND ABSTRACT OF JUDGMENT AND ORDER THEREON JEFFREY S. WHITE , District Judge . Pursuant to Local Rule 7-11, and based on the stipulation of the parties, Defendant, the City and County of San Francisco, hereby move this court, pursuant to Rule 60(b), for an Order setting aside the Order entered in this action on October 15, 2008 awarding attorney fees to defendant City and County of San Francisco in the amount of $153,867.50 (..
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ADMINISTRATIVE MOTION AND STIPULATION FOR ORDER TO SET ASIDE ORDER AND ABSTRACT OF JUDGMENT AND ORDER THEREON
JEFFREY S. WHITE, District Judge.
Pursuant to Local Rule 7-11, and based on the stipulation of the parties, Defendant, the City and County of San Francisco, hereby move this court, pursuant to Rule 60(b), for an Order setting aside the Order entered in this action on October 15, 2008 awarding attorney fees to defendant City and County of San Francisco in the amount of $153,867.50 (One Hundred Fifty Three Thousand, Eight Hundred Sixty Seven Dollars and Fifty Cents) and the accompanying abstract of judgment entered on December 26, 2008.
Pursuant to the Federal Rules of Civil Procedure Rule 60(b), the court may relieve a party from a final judgment, order, or proceeding for any other reason, not specifically enumerated, that justifies relief. Relief should be granted from the original judgment in accordance with the United States Court of Appeals for the Ninth Circuit order entered on October 6, 2010.
STIPULATION OF COUNSEL
THE UNDERSIGNED COUNSEL HEREBY STIPULATE:
1) On October 15, 2008 the United States District Court for the Northern District of California issued an order granting Defendants' motion for attorneys' fees in the amount of $153,867.50 (One Hundred Fifty Three Thousand, Eight Hundred Sixty Seven Dollars and Fifty Cents).
2) On December 26, 2008 the Court issued an Abstract of Judgment in the amount of $153,867.50 (One Hundred Fifty Three Thousand, Eight Hundred Sixty Seven Dollars and Fifty Cents).
3) On October 6, 2010, the United States Court of Appeals for the Ninth Circuit reversed the Defendants' award of attorneys' fees.
4) The parties agree that the judgment for attorney's fees issued on October 15, 2008 in the amount of $153,867.50 (One Hundred Fifty Three Thousand, Eight Hundred Sixty Seven Dollars and Fifty Cents) should be vacated.
IT IS SO STIPULATED.
PROPOSED ORDER
The October 15, 2008 Order awarding attorney fees against plaintiffs JOHN F. CHAMPAGNE and GARY A. CHAMPAGNE in the amount of $153,867.50 (One Hundred Fifty Three Thousand, Eight Hundred Sixty Seven Dollars and Fifty Cents) and the Abstract of Judgment dated December 26, 2008 in the amount of $153,867.50 (One Hundred Fifty Three Thousand, Eight Hundred Sixty Seven Dollars and Fifty Cents) are hereby VACATED.
BASED ON THE STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
