Opinion
MDL No. 2032 Case No. 3:09-md-2032 MMC (JSC)
03-18-2013
In re: Chase Bank USA, N.A. "Check Loan" Contract Litigation THIS DOCUMENT RELATES TO ALL CASES
STROOCK & STROOCK & LA VAN LLP JULIA B. STRICKLAND (State Bar No. 83013) STEPHEN J. NEWMAN (State Bar No. 181570) A. R. KACHADOORIAN (State Bar No. 240601) CHRISTINE E. ELLICE (State Bar No. 276181) Attorneys for Defendant CHASE BANK USA, N.A.
STROOCK & STROOCK & LA VAN LLP
JULIA B. STRICKLAND (State Bar No. 83013)
STEPHEN J. NEWMAN (State Bar No. 181570)
A. R. KACHADOORIAN (State Bar No. 240601)
CHRISTINE E. ELLICE (State Bar No. 276181)
Attorneys for Defendant
CHASE BANK USA, N.A.
[Assigned to the Hon. Maxine M. Chesney]
STIPULATION AND [PROPOSED] ORDER
DIRECTING DANIEL J. HERBISON TO
PAY ATTORNEYS' FEES TO DEFENDANTT
CHASE BANK USA, N.A.
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.
Respectfully submitted,
STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND
STEPHEN J. NEWMAN
ALEXANDRIA KACHADOORIAN
CHRISTINE E. ELLICE
By: _____________
Stephen J. Newman
Attorneys for Defendant
CHASE BANK USA, N.A.
DANIE J. HERBISON
By: ____________
Danie J. Herbison
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.
______________________
The Honorable Maxine M. Chesney
United States District Judge