Buick v. Buick et al
Filing
76
STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 3/25/2010 re 74 ORDERING that Plaintiffs' application for attorneys' fee pursuant to Settlement supporting documents, and opposition papers be filed under seal.(Duong, D)
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CONSUMER LAW OFFICE OF MARIE NOEL APPEL Marie Noel Appel (SBN 187483) 44 Montgomery Street, Suite 3830 San Francisco, California 94104 Tel. (415) 901-0508 Fax. (415) 901-0504 Attorneys for Plaintiffs Elmer and Kathy Buick UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ELMER and KATHY BUICK Plaintiffs, vs. WORLD SAVINGS BANK, TRANSAMERICAN FINANCIAL CORPORATION, Defendants. Case No: 2:07-CV-01447-MCE-KJM STIPULATION AND ORDER PERMITTING PLAINTIFFS' APPLICATION FOR ATTORNEYS' FEES AND COSTS PURSUANT TO SETTLEMENT TO BE FILED UNDER SEAL Action Filed: May 15, 2007 Trial Date: February 7, 2011 Honorable Morrison C. England, Jr. RECITALS The parties named below, through their respective counsel, hereby stipulate and agree as follows: 1. On December 22, 2008, this Court entered the Stipulated Protective Order (Dkt.
45) to govern confidential documents in this case. 2. On November 4, 2009, Plaintiffs' and World Savings Bank, FSB, n/k/a
Wachovia Mortgage, FSB, (hereinafter "Wachovia") entered into a confidential Settlement Agreement and Release resolving their respective claims and defenses in this action which the parties to the settlement have agreed will be governed by the terms of the Stipulated Protective Order, and designated as "HIGHLY CONFIDENTIAL ATTORNEY'S EYES ONLY." 3. Plaintiff's Application for Attorneys' Fees and Costs Pursuant to Settlement and
STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFFS' APPLICATION FOR ATTORNEYS' FEES TO 1 BE FILED UNDER SEAL
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supporting declarations include a copy of the confidential Settlement Agreement and Release and reference the specific terms of the confidential settlement throughout. 4. Plaintiffs hereby respectfully request that the Court grant an Order permitting
Plaintiffs' to file the Application for Attorneys' Fee Pursuant to Settlement and supporting documents under seal. 5. Under the terms of the settlement agreement, Wachovia has the right to oppose
Plaintiff's Application for Attorneys' Fees and Costs. Wachovia joins in this request to file documents under seal, and seeks an order that its opposition papers also be filed under seal. 6. Transamerican Financial Corporation does not oppose this request, or the
designation of the Settlement Agreement and Release as "HIGHLY CONFIDENTIAL ATTORNEY'S EYES ONLY," for the limited purpose of permitting Plaintiff's Application for Attorneys' Fees and Costs, and any opposing papers, to be filed under seal. Transamerican Financial Corporation does not waive, and reserves its right, to contest the confidential designation of the Settlement Agreement and Release pursuant to the terms of the Stipulated Protective Order. STIPULATION Based upon the facts set forth in paragraphs above, the Plaintiffs and Wachovia hereby stipulate to the filing of Plaintiffs' Application for Attorneys' Fee Pursuant to Settlement, supporting documents, and opposing papers, if any, under seal. \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\
STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFFS' APPLICATION FOR ATTORNEYS' FEES TO 2 BE FILED UNDER SEAL
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I hereby attest that I have received approval to file this document from the other signatories whose signatures are indicated below by a "conformed" signature (/s/).
Respectfully submitted, DATED: March 25, 2010 CONSUMER LAW OFFICE OF MARIE NOEL APPEL THE LAW OFFICES OF DANIEL HARRIS /s/ Marie Noel Appel Marie Noel Appel, Attorneys for Plaintiffs ELMER AND KATHY BUICK DATED: March 25, 2010 REED SMITH LLP /s/ Gary S. Caplan Gary S. Caplan, Attorneys for Defendant WORLD SAVINGS BANK, FSB Dated: March 25, 2010 THE LAW OFFICES OF BRIAN DEAMICIS /s/ Brian DeAmicis Brian DeAmicis, Attorneys for Defendant TRANSAMERICAN FINANCIAL CORP.
ORDER Pursuant to the foregoing Stipulation of the parties, and good cause appearing therefore, the Court hereby orders that Plaintiffs' Application for Attorneys' Fee Pursuant to Settlement, supporting documents, and opposition papers be filed under seal. IT IS SO ORDERED. DATED: March 25, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE
STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFFS' APPLICATION FOR ATTORNEYS' FEES TO 3 BE FILED UNDER SEAL
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