Gregory v. Novartis Vaccines and Diagnostics, Inc., et al

Filing 197

ORDER to review attached proposed judgment (Attachments: # 1 Proposed form of judgment)(vrwlc1, COURT STAFF) (Filed on 2/9/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In re CHIRON CORP SECURITIES LITIGATION / No C 04-4293 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

On November 19, 2008, class counsel submitted a proposed "Final Order and Judgment," Doc #186, which the court declined to enter for failure of the document to comply with FRCP 54(a) and 58(a). On January 28, 2009, class counsel submitted a revised Doc #196. Unfortunately, this latest

final order and judgment.

submission also fails to comply with FRCP 54(a) and 58(a) and the court declines to enter it. The court recognizes that Doc #186 follows a format contemplated by the parties' settlement agreement and apparently used previously in connection with securities class litigation.

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Regrettably, the court did not focus on this document's noncompliance with FRCP 54(a) and 58(a) at the time the settlement was under consideration, so that the form of judgment could then be brought into compliance. Nonetheless, if a judgment is to be

entered, it should comply with the form of judgments so that its satisfaction can be determined without resort to prolonged proceedings. To assist the parties in complying with the Federal Rules, the court has drafted and attaches herewith a proposed form of judgment that appears to the court to implement the parties' intended disposition of the action. Counsel are requested to

review the attached proposed form of judgment and inform the court whether it meets with their approval. In addition, counsel should

prepare a proposed form of order to resolve any outstanding issues that require judicial resolution in order to implement their settlement.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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