Northern California Glaziers Architectural Metal and Glass Workers Pension Plan et al v. America's Glass Center, Inc. et al

Filing 10

ORDER VACATING JUDGMENT AND REFERRING CASE FOR REASSIGNMENT re 7 Order. Signed by Judge James Larson on 1/28/09. (jlsec, COURT STAFF) (Filed on 1/28/2009)

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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Northern California Glaziers Architectural Metal and Glass Workers Pension Plan et al v. America's Glass Center, Inc. et al, Plaintiffs, v. America's Glass Center, Inc., et al., Defendants. ________________________________/

No. C 08-5451

JL

ORDER VACATING JUDGMENT AND REFERRING CASE FOR REASSIGNMENT

The Court entered Judgment for Plaintiffs in this case, under the mistaken impression that Defendants had stipulated to entry of judgment, pursuant to a settlement agreement between the parties. The parties had agreed to a payment plan and from Plaintiffs' recitation, it appears Defendants failed to make the initial payment as provided in the stipulated settlement. Although the parties had entered into a settlement agreement, and Plaintiffs requested that the Court enter Judgment pursuant to settlement, Defendants had not stipulated to the entry of judgment. Nor had Defendants consented to the jurisdiction of this Court, pursuant to 28 U.S.C. §636(c).

C-08-5451 ORDER

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Accordingly, this Court hereby vacates the Judgment entered on January 20, 2009, at Docket Number 7, stays the writ of execution issued January 21, 2009 at Docket Number 8, and refers the case for reassignment to a district court judge for resolution, IT IS SO ORDERED. DATED: January 28, 2009 __________________________________ James Larson Chief Magistrate Judge

United States District Court

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For the Northern District of California

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C-08-5451 ORDER

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