Olvey v. Errotabere Ranches et al

Filing 197

ORDER Regarding Completion of Settlement, signed by Judge Oliver W. Wanger on 10/6/09. (Verduzco, M)

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1 René Lastreto, II, #100993 Scott J. Ivy, #197681 2 Christy M. Thornton, #247307 Lang, Richert & Patch 3 Post Office Box 40012 Fresno, California 93755-0012 4 (559) 228-6700 Phone (559) 228-6727 Fax 5 6 Attorneys for Defendants ERROTABERE RANCHES, a California partnership; DANIEL D. ERROTABERE; an individual; JEAN ERROTABERE, an individual 7 8 9 10 11 JAMES M. OLVEY, 12 13 v. 14 ERROTABERE RANCHES, a California 15 partnership; DANIEL D. ERROTABERE; an individual; JEAN ERROTABERE, an 16 individual 17 18 19 On October 5, 2009, at 10:00 a.m. in Courtroom 3 of the above-entitled court, The Honorable Defendants. Date: October 5, 2009 Time: 11:00 a.m. Courtroom: 3 Plaintiff, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No.: 1:06-CV-00653-OWW-SMS ORDER REGARDING COMPLETION OF SETTLEMENT 20 Oliver W. Wanger presiding, an Order to Show Cause why the prior settlement should not be 21 consummated and sanctions issued was heard. Scott J. Ivy appeared on behalf of Defendants. 22 Plaintiff James M. Olvey personally appeared pro se. 23 24 25 26 27 28 [Proposed] Order -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 At the conclusion of the hearing, the Court made the following Orders 1. Plaintiff James Olvey is HEREBY ORDERED to complete and record the lot line adjustment referenced in the parties' written settlement agreement by 5:00 p.m. on October 7, 2009. The recorded lot line adjustment is to be served on Defendants' counsel via facsimile by 5:00 p.m. on October 7, 2009; 2. Upon receipt of the recorded lot line adjustment, and no later than October 8, 2009, Defendant is HEREBY ORDERED to commence work on the relocation of the road on the South portion of Plaintiff's property referenced in the parties' written settlement agreement, which must be completed by no later than October 18, 2009. 3. Except as Ordered above, all other deadlines set forth in the parties' written settlement agreement shall remain the same. IT IS SO ORDERED: 19 Dated: October 6, 2009 20 21 22 23 24 25 26 27 28 [Proposed] Order /s/ OLIVER W. WANGER THE HONORABLE OLIVER W. WANGER -2-

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