Bank of America , N.A. v. Immel et al

Filing 39

ORDER Modifying Order to Show Cause re Preliminary Injuction Deadlines and Vacating Schedule re 38 Notice (Other) filed by Bank of America, N.A. Status Conference set for 8/6/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 7/9/2010. (be, COURT STAFF) (Filed on 7/9/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Tatro Tekosky Sadwick LLP ATTORNEYS AT LAW René P. Tatro (State Bar No. 78383) Juliet A. Markowitz (State Bar No. 164038) Thomas E. Reiber (State Bar No. 162572) TATRO TEKOSKY SADWICK LLP 333 S. Grand Avenue, Suite 4270 Los Angeles, California 90071 Telephone: (213) 225-7171 Facsimile: (213) 225-7151 E-mail:renetatro@ttsmlaw.com jmarkowitz@ttsmlaw.com treiber@ttsmlaw.com Attorneys for Plaintiff Bank of America N.A. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BANK OF AMERICA N.A., a Delaware corporation, Plaintiff, v. MARK J. IMMEL, an individual, and SANDRA M. PENNER, an individual Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 10-CV-02483-CRB NOTICE OF SETTLEMENT; STIPULATION AND [PROPOSED] ORDER MODIFYING ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION DEADLINES AND VACATING SCHEDULE Action Filed: June 4, 2010 Plaintiff Bank of America N.A. ("BofA") and defendants Mark J. Immel and Sandra M. Penner (collectively, "Defendants") hereby inform the Court that the Parties (i.e., BofA and Defendants, collectively) have reached a settlement in principle of this action, subject to signature by all Parties, and Defendants' current employer, to a written settlement agreement. The Parties currently are preparing such written settlement agreement. /// 1 NOTICE OF SETTLEMENT; STIPULATION AND ORDER MODIFYING ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION DEADLINES AND VACATING SCHEDULE Case No. 10-C-02483-CRB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Tatro Tekosky Sadwick LLP ATTORNEYS AT LAW [PROPOSED] ORDER MODIFYING ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION DEADLINES AND VACATING SCHEDULE 1. All dates currently set in this case (including but not limited to the July 9, 2010 deadline for Defendants to respond to the complaint, the July 23, 2010 deadline to complete limited discovery related to the preliminary injunction, and the briefing schedule for the Order to Show Cause re Preliminary Injunction) are hereby vacated; 2. All other terms of the Court's June 11, 2010 Temporary Restraining Order & Order to Show Cause re Preliminary Injunction ("June 11, 2010 TRO") shall remain in effect pending the earlier of the dismissal of this action (unless otherwise agreed by the Parties) or ­ in the event the settlement is not finalized ­ the hearing on the Order to Show Cause re Preliminary Injunction or on any motion to dissolve or modify the June 11, 2010 TRO that Defendants may file; and 3. If this case has not been dismissed by August 6, 2010, a Status Conference shall be held on August 6, 2010 at 10:00 a.m. in the Courtroom of the Honorable Charles R. Breyer, located at 450 Golden Gate Ave., 19th Floor, San Francisco, CA 94102. PURSUANT TO STIPULATION, IT IS SO ORDERED. UNIT ED Honorable Charles R. Breyer United States District CourtD RE Judge S Dated: ____________________ July 9, 2010 S DISTRICT TE C _________________________________ TA RT U O ER N D IS T IC T R OF NOTICE OF SETTLEMENT; STIPULATION AND ORDER MODIFYING ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION DEADLINES AND VACATING SCHEDULE Case No. 10-C-02483-CRB 3 A C LI FO J arles R udge Ch . Breyer R NIA O IT IS S ORDE NO RT H

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