Goins et al v. United Parcel Service Inc

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
GALENA GOINS, et al.,
Plaintiffs,
v.
UNITED PARCEL SERVICE INC,
Defendant.
Case No. 21-cv-08722-PJH
ORDER LIFTING STAY
Re: Dkt. No. 94
The mandate having been issued following the 9th Circuit’s affirmance of this
court’s order granting summary judgment to defendants, the STAY imposed on
defendant’s motion for attorney’s fees is LIFTED.
The court orders that the parties meet and confer about the pending motion and
advise the court, no later than March 9, 2026, (1) whether they can settle the matter
without court involvement, (2) whether they would like a referral to a magistrate judge for
assistance in settling the matter, (3) whether they prefer that the court simply rule on the
pending motion, or (4) whether they would like an opportunity to revise the motion and
opposition.
The court also takes this opportunity to remind the parties that district courts are to
consider the financial resources of the plaintiff in awarding fees to a prevailing defendant.
See Miller v. Los Angeles County Bd. of Educ., 827 F.2d 617, 621 (9th Cir. 1987); accord
Villanueva v. City of Colton, 160 Cal. App. 4th 1188, 1203 (2008).
Case 4:21-cv-08722-PJH Document 98 Filed 02/04/26 Page 1 of 2

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United States District Court
Northern District of California
A cursory review of the motion papers does not reflect any such information.
IT IS SO ORDERED.
Dated: February 4, 2026
/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge
Case 4:21-cv-08722-PJH Document 98 Filed 02/04/26 Page 2 of 2