Northern States Electric et al v. Page Construction Company et al

Filing 43

ORDER to vacate CMC re 42 Notice of Settlement filed by Traveler's Casualty and Surety Company of America, St. Paul Traveler's, Page Construction Company. Signed by Judge Charles R. Breyer on 3/23/2011. (beS, COURT STAFF) (Filed on 3/24/2011)

Northern States Electric et al v. Page Construction Company et al

Doc. 43

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1 LECARIE S. WHITFIELD - 192186 TIMOTHY L. MCINERNEY - 124807 2 McInerney & Dillon, P.C. 1999 Harrison Street, Suite 1700 3 Oakland, CA 94612 [phone] - telephone [phone] - facsimile 5 Attorneys for Defendants PAGE CONSTRUCTION, INC. and TRAVELER'S CASUALTY & SURETY COMPANY OF AMERICA 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 NORTHERN STATES ELECTRIC, a California corporation, and the UNITED 10 STATES, for the use of NORTHERN STATES ELECTRIC, a California 11 Corporation, 12 13 14 15 16 17 18 19 ) ) ) ) ) ) Plaintiffs ) vs. ) ) PAGE CONSTRUCTION COMPANY, a ) California Corporation, TRAVELER'S ) CASUALTY AND SURETY COMPANY ) OF AMERICA, and DOES 1 through 10, ) inclusive. ) ) Defendants ) ) Case No. C08-05171

ORDER
NOTICE OF SETTLEMENT AND REQUEST TO VACATE FURTHER CASE MANAGEMENT CONFERENCE CMC DATE: MARCH 25, 2011

TO THE COURT, ALL PARTIES, AND ATTORNEYS OF RECORD: On March 22, 2011, the entire case was settled as to all parties, through alternative

20 dispute resolutions procedures. The settlement is unconditional and by its terms, a dismissal 21 with prejudice of this entire action as to all parties and claims for relief will be filed by 22 plaintiff not later than 15 days after this settlement. 23 Respectfully and in light of this settlement, it is requested that the Court vacate the

24 upcoming case management conference scheduled for this Friday, March 25, 2011. Instead, 25 it is requested that this case be rescheduled to a future date on which the parties are required

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1 to show cause why the dismissal has not been filed or, if the dismissal has been filed, then 2 the case will be automatically closed by the clerk and a further appearance will be moot. 3 The undersigned agreed to provide notice of the settlement to the Court and to

4 request vacation of the March 25, 2011 conference. Plaintiff and its counsel do not object to 5 this notification of settlement or the request to continue the case management conference. 6 7 Date: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Respectfully submitted, March 22, 2011 MCINERNEY & DILLON By: /s/ LeCarie S. Whitfield Attorneys for Page Construction Company and Travelers Casualty and Surety Company of America

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1 2 ORDER

3 PURSUANT TO STIPULATION, the Case Management Conference set for September 10, 4 2010 is continued to 5 6 Dated: March 23, 2011 , 2010 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 By: May 13, 2011 , 2010.

UNIT ED

Honorable Charles R. Breyer UNITED STATES DISTRICT JUDGE ERED

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