Arcona, Inc. v. Farmacy Beauty, LLC

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2 3 4 5 6 7 United States District Court 8 Central District of California 9 10 11 ARCONA, INC., Case No. 2:17-cv-07058-ODW (JPR) Plaintiff, v. ORDER DENYING DEFENDANTS’ 14 FARMACY BEAUTY, LLC; DAVID C. MOTION FOR ATTORNEY FEES 15 CHUNG; and MARK VEEDER, AND NON-TAXABLE COSTS Defendants. WITHOUT PREJUDICE [142] 17 Following the Court’s grant of partial summary judgment in Defendants’ favor 19 (ECF No. 129), Plaintiff’s request for dismissal of its remaining claims (ECF 20 No. 135), and the Court’s entry of judgment (ECF No. 138), Plaintiff filed a notice of 21 appeal to the Ninth Circuit (ECF No. 139). Thereafter, Defendants moved to recover 22 their attorneys’ fees and non-taxable costs. (See Mot. for Att’y Fees, ECF No. 142.)1 When an appeal on the merits is filed, a district court has discretion to rule on a 24 claim for fees, defer its ruling on the motion, or deny the motion without prejudice 25 and direct a new filing period for filing after the claim has been resolved. Fed. R. Civ. 26 P. 54(d)(2), Advisory Committee Notes …