HOWARD D. McKIBBEN, District Judge.
Before the court is the defendant Wal-Mart's ("defendant") motion for attorney's fees and nontaxable costs (#74). Plaintiff Shalimar Beach ("plaintiff) has opposed (#75), and defendant has replied (#79). Pursuant to order of the court, the parties have filed supplemental briefs addressing the impact of the Ninth Circuit's decision in Goldberg v. Pacific Indemnity Company,
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