Maxwell v. MortgageIT, Inc.

Filing 49

ORDER CONDITIONALLY GRANTING MortgageIT, Inc.'s request for a waiver of attendance at the settlement conference currently noticed for 5/25/2010; order signed by Magistrate Judge Sheila K. Oberto on 5/15/2010. (Rooney, M)

1 2 3 4 5 6 7 8 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On May 12, 2010, Defendant MortgageIT, Inc. (MortgageIT) filed a request asking the Court to waive its attendance and that of its counsel from the settlement conference scheduled on May 25, 2010, at 10:30 a.m. in Courtroom 8. In support of this request, MortgageIT states that Plaintiff Samuel Maxwell and MortgageIT have fully settled the claims asserted against MorgageIT in this matter, and have executed a settlement agreement to that effect. A Motion for Determination of Good Faith Settlement is currently pending before District Judge Oliver W. Wanger, and is scheduled to be heard on May 24, 2010. In light of the pending Motion for Good Faith Settlement, MortgageIT and its counsel of record are conditionally excused from attending the May 25, 2010, settlement conference. The Court's order is conditioned upon the District Judge Oliver W. Wanger's determination of a good 1 Defendants. / v. UNION FIDELITY MORTGAGE, INC., ERIN REILLY, RANDOLPH MARTIN, MORTGAGEIT, INC., and DOES 1 to 20, inclusive, SAMUEL MAXWELL, CASE NO. 1:08-cv-01329 ORDER GRANTING MORTGAGEIT, INC.'S REQUEST FOR WAIVER OF ATTENDANCE AT SETTLEMENT CONFERENCE

UNITED STATES DISTRICT COURT

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faith settlement. MortgageIT is also excused from providing the Court with a settlement conference report. If a determination of a good faith settlement is not obtained, MortgageIT shall promptly contact the Court.

IT IS SO ORDERED. Dated: ie14hj May 15, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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