Haynes et al v. Anna's Linens Company et al

Filing 179

ORDER CONTINUING STATUS CONFERENCE. The Status Conference is continued from March 6, 2009 to March 27, 2009. Signed by Judge Maxine M. Chesney on March 5, 2009. (mmclc1, COURT STAFF) (Filed on 3/5/2009)

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TERESA DEMCHAK (SB #123989) [e-mail] ROBERTA L. STEELE (SB #188198) [e-mail] JAMES KAN (SB #240749) [e-mail] GOLDSTEIN, DEMCHAK, BALLER, BORGEN & DARDARIAN 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 [phone] [phone] (fax) CRAIG ACKERMANN (SB #229832) [e-mail] ACKERMANN & TILAJEF, P.C. 1180 South Beverly Drive, Suite 512 Los Angeles, CA 90035 [phone] [phone] (fax) Attorneys for Plaintiffs

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60413-1 PLAINTIFFS' STATUS CONFERENCE STATEMENT AND MOTION AND [PROPOSED] ORDER TO CANCEL STATUS CONFERENCE SCHEDULED FOR MARCH 6, 2009 - CASE NO. C05-02670-MMC

CORNELIUS CLARK, CHESTER LEWIS, JOHN PONDS, AND GARRANT COSEY, on behalf of themselves and all other persons similarly situated, Plaintiffs, vs. ANNA'S LINENS, INC., Defendant.

Case No. C05-02670-MMC PLAINTIFFS' STATUS CONFERENCE STATEMENT AND MOTION AND [PROPOSED] ORDER TO CANCEL STATUS CONFERENCE SCHEDULED FOR MARCH 6, 2009 ; ORDER CONTINUING CONFERENCE Hon. Maxine M. Chesney Date: March 6, 2009 Time: 10:30 a.m.

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Plaintiffs Cornelius Clark, Chester Lewis, John Ponds, and Garrant Cosey ("plaintiffs") and Defendant Anna's Linens, Inc. ("Anna's Linens"), by and through their counsel of record, submit this Status Conference Statement and Motion and [Proposed] Order to Cancel Status Conference Scheduled for March 6, 2009. Plaintiffs submit this statement to advise the Court that the settlement agreement between Anna's Linens and the plaintiffs in this action has been fully executed. Anna's Linens has made partial monetary payments as required by the agreement. Defense counsel, Michael Bruno, has advised plaintiffs' counsel that he has received the funds for the final monetary payments due under the settlement agreement and that plaintiffs' counsel will receive them via Federal Express on Friday, March 6, 2009. Plaintiffs therefore request that the Court cancel the status conference currently set for March 6, 2009 as plaintiffs do not require assistance from the Court to finalize the settlement. Michael Bruno has authorized me to represent that he agrees with plaintiffs' request to cancel the status conference. Plaintiffs' counsel will seek, within seven business days of receipt of the final monetary payments, dismissal of the individual claims with prejudice and the class claims without prejudice and without notice pursuant to the terms of the settlement agreement.

Dated: March 5, 2009

Respectfully submitted, GOLDSTEIN, DEMCHAK, BALLER, BORGEN & DARDARIAN /s/ Roberta L. Steele TERESA DEMCHAK (SB #123989) ROBERTA L. STEELE (SB #188198) JAMES KAN (SB #240749) GOLDSTEIN, DEMCHAK, BALLER, BORGEN & DARDARIAN 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 [phone] [phone] (fax)

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PLAINTIFFS' STATUS CONFERENCE STATEMENT AND MOTION AND [PROPOSED] ORDER TO CANCEL STATUS CONFERENCE SCHEDULED FOR MARCH 6, 2009 - CASE NO. C05-02670-MMC

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CRAIG ACKERMANN (SB #229832) ACKERMANN & TILAJEF, P.C. 1180 South Beverly Drive, Suite 512 Los Angeles, CA 90035 [phone] [phone] (fax) ATTORNEYS FOR PLAINTIFFS

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PROPOSED ORDER Upon consideration of plaintiffs' motion to cancel the status conference scheduled for March 6, 2009, at 10:30 a.m., defendant's agreement thereto, and the entire record in this matter, Good cause having been found, the status conference scheduled for March 6, 2009 at 10:30 a.m. is hereby cancelled. continued to March 27, 2009, at 10:30 a.m.

IT IS SO ORDERED.

Dated: March 5, 2009 Honorable Maxine Chesney United States District Court Judge

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PLAINTIFFS' STATUS CONFERENCE STATEMENT AND MOTION AND [PROPOSED] ORDER TO CANCEL STATUS CONFERENCE SCHEDULED FOR MARCH 6, 2009 - CASE NO. C05-02670-MMC