Western Scrap, Inc. v. Colmar USA, Inc.

Filing 14

ORDER Vacating Pending Dates signed by Magistrate Judge Gary S. Austin on 2/6/2009. Scheduling Conference set for 5/13/2009 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Esteves, C)

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4550 CALIFORNIA AVENUE, SECOND FLOOR

BARRY L. GOLDNER, SBN 107126 T. SCOTT BELDEN, SBN 184387 TERRENCE T. EGLAND, SBN 240911 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 4550 California Avenue, Second Floor Bakersfield, California 93309 P.O. Box 11172 Bakersfield, California 93389-1172 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Plaintiff, Western Scrap, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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BAKERSFIELD, CALIFORNIA 93309 933

KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP

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WESTERN SCRAP, INC., a California corporation, Plaintiff, vs. COLMAR USA, INC., a New York corporation, and DOES 1 through 100, inclusive, Defendants.

Case No. 1:08-cv-01060-AWI-GSA NOTICE OF SETTLEMENT OF ENTIRE ACTION; REQUEST TO VACATE PENDING DATES; ORDER VACATING PENDING DATES

TO THE UNITED STATES DISTRICT COURT: Western Scrap, Inc. ("Western"), on the one hand, and Colmar USA, Inc. ("Colmar") on the other hand, hereby provide notice to the Court that the underlying matter has been settled in its entirety and, therefore, request the following: 1. Western and Colmar have executed a definitive settlement agreement.

However, performance of the terms of the settlement may not be complete until April 30, 2009. Therefore, the parties request that the pending discovery, motion, pre-trial, and trial dates be vacated pending performance of the settlement agreement as contemplated and dismissal of the action.

08cv1060.Colmar.vacatedates.mp.DOC

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STIPULATION AND ORDER FOR DISMISSAL

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4550 CALIFORNIA AVENUE, SECOND FLOOR

2.

The parties further request that a status conference on the settlement be set for

early May 2009, unless the action is dismissed before then, for a status conference on the settlement. Dated: February 5, 2009 KLEIN, DeNATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP By /s/ T. Scott Belden _______ T. Scott Belden, Attorneys for Plaintiff, Western Scrap, Inc. Dated: February 3, 2009 GORDON & REES, LLP By /s/ Michael t. Lucey MICHAEL T. LUCEY, Attorneys for Defendant, Colmar USA, Inc. ORDER VACATING DATES AND ORDERING SCHEDULING CONFERENCE Based upon the foregoing Notice of Settlement, it is hereby Ordered as follows: 1. All pending dates, including discovery cutoff, law and motion, pre-trial, and trial

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BAKERSFIELD, CALIFORNIA 93309

KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP

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08cv1060.Colmar.vacatedates.mp.DOC

dates, presently set in this matter, are hereby VACATED; 2. A Scheduling Conference will take place at 10:00 a.m., Wednesday, May 13,

2009, in Courtroom 10 before the Honorable Gary S. Austin. Plaintiff shall provide a report on the status of the settlement no later than one week prior to the Scheduling Conference. The parties shall submit dismissal papers prior to the conference if the settlement is finalized prior to the above date.

Dated: February 6, 2009

Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER FOR DISMISSAL