Filed: Mar. 18, 2013
Latest Update: Mar. 18, 2013
Summary: STIPULATION AND [PROPOSED] ORDER DIRECTING DANIEL J. HERBISON TO PAY ATTORNEYS' FEES TO DEFENDANT CHASE BANK USA, N.A. MAXINE M. CHESNEY, District Judge. STIPULATION WHEREAS, on February 28, 2013, this Court granted the Motion For An Order Holding Class Member And Related Action Plaintiff Daniel J. Herbison In Contempt (the "Contempt Motion") (Dkt. No. 389) filed by defendant Chase Bank USA, N.A.'s ("Chase") and issued an Order Granting Motion For Order Finding Daniel J. Herbison In Co
Summary: STIPULATION AND [PROPOSED] ORDER DIRECTING DANIEL J. HERBISON TO PAY ATTORNEYS' FEES TO DEFENDANT CHASE BANK USA, N.A. MAXINE M. CHESNEY, District Judge. STIPULATION WHEREAS, on February 28, 2013, this Court granted the Motion For An Order Holding Class Member And Related Action Plaintiff Daniel J. Herbison In Contempt (the "Contempt Motion") (Dkt. No. 389) filed by defendant Chase Bank USA, N.A.'s ("Chase") and issued an Order Granting Motion For Order Finding Daniel J. Herbison In Con..
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STIPULATION AND [PROPOSED] ORDER DIRECTING DANIEL J. HERBISON TO PAY ATTORNEYS' FEES TO DEFENDANT CHASE BANK USA, N.A.
MAXINE M. CHESNEY, District Judge.
STIPULATION
WHEREAS, on February 28, 2013, this Court granted the Motion For An Order Holding Class Member And Related Action Plaintiff Daniel J. Herbison In Contempt (the "Contempt Motion") (Dkt. No. 389) filed by defendant Chase Bank USA, N.A.'s ("Chase") and issued an Order Granting Motion For Order Finding Daniel J. Herbison In Contempt; Denying Herbison's Motion To Quash; Directions To Parties (the "Order") (Dkt. No. 403); and
WHEREAS, the Order directed Chase to submit a brief and supporting declaration setting fort the fees and costs reasonably incurred in connection with the Contempt Motion; and
WHEREAS, Chase and Daniel J. Herbison ("Herbison") have met and conferred in good faith as to the amount of fees and costs that should be awarded to Chase pursuant to the Order; and
WHEREAS, to avoid further disputes about the appropriate amount of fees and costs, Chase and Herbison agree that this Court should enter an Order awarding Chase $10,000.00 in attorneys' fees and costs to be paid by Herbison (the "Fee and Cost Award"). This Fee and Cost Award shall be inclusive of all attorneys' fees and costs incurred by Chase through the date of this stipulation, including but not limited to the attorneys' fees and costs associated with the Contempt Motion; and
WHEREAS, Herbison reserves his right to appeal the Order and to appeal Chase's entitlement to fees as described in the Order, but Herbison waives his right to appeal the amount of the Fee and Cost Award.
NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between Herbison (acting pro se) and Chase (through its counsel of record) that this Court shall forthwith enter an Order awarding Chase $10,000.00 in attorneys' fees.
IT IS SO STIPULATED.
ORDER
PURSUANT TO THE STIPULATION SET FORTH ABOVE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Chase Bank USA, N.A. shall have and recover $10,000.00 (TEN THOUSAND DOLLARS) in attorneys' fees from Daniel J. Herbison.
The Clerk shall enter this Order forthwith.
