Delil

MEMORANDUM **

Point Reyes Seashore Lodge, Jeffrey S. Harriman, and Thomas R. Harriman (collectively, the “Lodge”) appeal the district court’s award of attorney’s fees to Hollynn Delil (“Delil”). The parties are familiar with the facts. We proceed to the law.

Subject Matter Jurisdiction

The district court preserved jurisdiction following the March 24, 2004 Order of Dismissal Upon Settlement (the “March 2004 Order”). The Lodge’s argument that the March 2004 Order was unconditional is unpersuasive. When Delil certified that not all aspects of the lawsuit had settled, the order was automatically vacated.

The Lodge’s reliance on Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375 , 114 S.Ct. 1673 , 128 L.Ed.2d 391 (1994), and Hagestad v. Tragesser, 49 F.3d 1430 (9th Cir.1995), is misplaced. Kokkonen did not involve a conditional order and has no application to this case. In Hagestad , the condition for vacating the dismissal order was never met; the 90-day deadline had passed when the court attempted to reassert jui’isdiction. It, too, is inapposite.

The July 2001 Stipulation and Order

The Lodge tries a second shot, equally unpersuasive: Delil did not move for fees within…