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MUNIZ v. UNITED PARCEL SERVICE, INC., C-09-01987 CW. (2014)

Court: District Court, N.D. California Number: infdco20140117a12 Visitors: 10
Filed: Jan. 13, 2014
Latest Update: Jan. 13, 2014
Summary: STIPULATION REGARDING SATISFACTION OF JUDGMENT AND ORDER CLAUDIA WILKEN, District Judge. WHEREAS defendant United Parcel Service, Inc. ("UPS") previously satisfied the Court's Amended Judgment (Docket No. 293), which entitled plaintiff to damages and statutory costs; WHEREAS this Court awarded $697,971.80 in attorneys' fees and non-statutory costs to plaintiff on August 23, 2011 (Docket No. 292) (the "Attorneys' Fees Award"); WHEREAS UPS and plaintiff appealed the Attorneys' Fees Award (Nint
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STIPULATION REGARDING SATISFACTION OF JUDGMENT AND ORDER

CLAUDIA WILKEN, District Judge.

WHEREAS defendant United Parcel Service, Inc. ("UPS") previously satisfied the Court's Amended Judgment (Docket No. 293), which entitled plaintiff to damages and statutory costs;

WHEREAS this Court awarded $697,971.80 in attorneys' fees and non-statutory costs to plaintiff on August 23, 2011 (Docket No. 292) (the "Attorneys' Fees Award");

WHEREAS UPS and plaintiff appealed the Attorneys' Fees Award (Ninth Circuit Nos. 11-17282 and 11-17383, respectively) (collectively, the "Ninth Circuit Appeals");

WHEREAS, on December 5, 2013, the Ninth Circuit affirmed the Attorneys' Fees Award in part and reversed it in part;

WHEREAS the Ninth Circuit remanded this action for further proceedings concerning the fees of paralegal Susan Jaffe as well as for an award of attorneys' fees to plaintiff regarding the appeal; and

WHEREAS the parties have reached a confidential settlement to resolve all remaining issues in this action, including any and all claims plaintiff and her counsel may have for attorneys' fees, costs, and interest thereon related to this action and the Ninth Circuit Appeals; THEREFORE, the parties, by and through their counsel of record, stipulate as follows:

1. UPS's timely payment of the monetary amounts agreed to in the parties' confidential settlement agreement shall constitute a full and complete satisfaction of all attorneys' fees, costs, and interest thereon awarded or awardable to plaintiff and her counsel in connection with this action and the Ninth Circuit Appeals;

2. Filing of this stipulation shall constitute a representation that the funds have been paid; and

3. Filing of this stipulation shall be sufficient to release UPS's supersedeas bond previously approved by the Court.

IT IS SO STIPULATED.

ORDER

Based on the foregoing stipulation, and good cause appearing therefor,

IT IS ORDERED, ADJUDGED, AND DECREED that all judgments against defendant United Parcel Service, Inc., in this action and the Ninth Circuit Appeals have been satisfied in full.

IT IS FURTHER ORDERED that UPS's supersedeas bond approved by the Court in October 2011 is hereby released.

IT IS SO ORDERED.

Source:  Leagle

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