Moralez v. Chao et al

Filing 73

ORDER Granting re 72 Stipulation To Extend Period of Conditional Dismissal (Extended to 3/5/09) filed by Francisca Moralez. Signed by Judge Elizabeth Laporte on 12/22/08. (fj, COURT STAFF) (Filed on 12/22/2008)

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Michael S. Sorgen (State Bar No. 43107) Joyce Kawahata (State Bar No. 113159) LAW OFFICES OF MICHAEL S. SORGEN 240 Stockton Street, 9th Floor San Francisco, CA 94108 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff FRANCISCA MORALEZ UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division

FRANCISCA MORALEZ,

) ) Plaintiff, ) vs. ) ) ) ELAINE L. CHAO, SECRETARY OF THE ) U.S. DEPARTMENT OF LABOR; U.S. ) DEPARTMENT OF LABOR, ) EMPLOYMENT STANDARDS ) ADMINISTRATION ) ) Defendants.

Case No.: C 07-3807 (EDL) STIPULATION AND [PROPOSED] ORDER TO EXTEND PERIOD OF CONDITIONAL DISMISSAL

The parties reached a settlement of this action on October 6, 2008. The Court ordered a conditional dismissal of the action without prejudice with leave to reinstate on or before 90 days for the purpose of proceeding with the litigation in the event a settlement had not been completed before that date. The last business day within the 90 days from October 6 is January 2, 2009. Upon plaintiff's inquiry on December 11, 2008, and defendant's investigation as to the status of the forthcoming payment to finalize the settlement, defendant's counsel informed plaintiff's counsel that she could not assure that the settlement would be funded by January 2, 2009. Because the settlement funds have not yet been paid, the parties stipulate and request that // // //
STIPULATION AND [PROPOSED] ORDER TO EXTEND PERIOD OF CONDITIONAL DISMISSAL

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the Court extend the conditional dismissal for 60 days, or until March 5, 2009.

Dated: December 19, 2008

JOSEPH P. RUSSONIELLO United States Attorney By: /s/ ELLEN FITZGERALD Assistant United States Attorney

Dated: December 18, 2008 9 10 11 12 13 14 By:

LAW OFFICES OF MICHAEL S. SORGEN /s/ MICHAEL S. SORGEN

ORDER IT IS HEREBY ORDERED that the conditional dismissal without prejudice is extended

15 for 60 days until March 5, 2009, to allow the parties additional time to complete payment of the 16 settlement funds. 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER TO EXTEND PERIOD OF CONDITIONAL DISMISSAL

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