Parry v. National Seating & Mobility Inc

Filing 126

ORDER APPROVING AS MODIFIED 125 JOINT STATUS REPORT. Signed by Judge Jeffrey S. White on 5/28/13. (jjoS, COURT STAFF) (Filed on 5/28/2013)

Case3:10-cv-02782-JSW Document125 Filed05/28/13 Page1 of 2

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RONALD S. BUSHNER (SBN 98352)
[e-mail]
VICTORIA L. TALLMAN (SBN 273252)
[e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105-2725
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and Counter-Claim
Defendant
NATIONAL SEATING & MOBILITY, INC.

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C. BROOKS CUTTER (SBN 121407)
[e-mail]
JOHN R. PARKER, JR. (SBN 257761)
[e-mail]
KERSHAW CUTTER & RATINOFF, LLP
401 Watt Avenue
Sacramento, California 95864
Telephone: [phone]
Facsimile: [phone]
MARK P. MEUSER (SBN 231335)
[e-mail]
MEUSER LAW GROUP, INC
P.O. Box 5412
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant and Counter-Claimant
MICHAEL PARRY

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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NATIONAL SEATING & MOBILITY, INC.,

Case No. 3:10-cv-02782-JSW

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Plaintiff,
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vs.
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MICHAEL PARRY and DOES 1 through 20;
inclusive,
Defendants.

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MICHAEL PARRY, individually and on behalf
of all others similarly situated,

PLAINTIFF AND COUNTER-CLAIM
DEFENDANT NATIONAL SEATING &
MOBILITY’S AND DEFENDANT AND
COUNTER-CLAIMANT MICHAEL
PARRY’S JOINT STATUS REPORT
AND ORDER THEREON
Courtroom: 11, 19th Floor
Judge: The Hon. Jeffrey S. White
Action Filed: March 3, 2010

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Counter-Claimant,
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vs.
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NATIONAL SEATING & MOBILITY, INC.,
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Counter-Claim Defendant.
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Pursuant to the Court’s order, document 124 in the present matter, Plaintiff/Counterclaim

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Defendant NATIONAL SEATING & MOBILITY, INC. (“NSM”) and Defendant/Counter-Claimant

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MICHAEL PARRY (“Parry”) jointly submit this status report, and respectfully request and

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JOINT STATUS REPORT AND PROPOSED ORDER
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Case3:10-cv-02782-JSW Document125 Filed05/28/13 Page2 of 2

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recommend that no Case Management Conference will be necessary.

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The parties have agreed to execute a bilateral release of all claims between NSM and Michael

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Parry. While such release has not yet been executed, the parties agreed that the settlement reached in

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this matter will be a global settlement and resolve all claims between NSM and Michael Parry, an

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individual. The parties anticipate that this release will be executed without complication in the next

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two weeks.

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Dated: May 28, 2013

Respectfully submitted,

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WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER, LLP

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By:

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Dated: May 28, 2013

/s/__________
Victoria L. Tallman
Ronald S. Bushner
Attorneys for Plaintiff/Counter-Claim Defendant

Respectfully submitted,

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KERSHAW CUTTER & RATINOFF, LLP

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By:

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/s/__________
C. Brooks Cutter
John R. Parker, Jr.
Attorneys for Defendant/Counter-Claimant

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Dated: May 28, 2013

Respectfully submitted,

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By:

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/s/__________
Mark P. Meuser
Attorneys for Defendant/Counter-Claimant

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I, Victoria L. Tallman, hereby attest pursuant to General Order 45(X)(B) that concurrence in

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the filing of this document has been obtained from each of the other signatories, or from the single

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signatory (in the case, e.g., of a declaration) which shall serve in lieu of their signature(s) on the

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document.

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JOINT STATUS REPORT AND PROPOSED ORDER
3:10-cv-02782-JSW

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Case3:10-cv-02782-JSW Document125-1 Filed05/28/13 Page1 of 1

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[PROPOSED] STATUS REPORT ORDER

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The parties have agreed to execute a bilateral release resolving all claims in this matter as

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between NSM and Michael Parry.
As such, the Court will not proceed with any further Case Management Conferences, and will

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Order Dismiss the claims and counter-claims between NSM and Michael Parry once an executed

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Release is Filed with this Court, or, in the alternative, Order the parties to file a Stipulation of

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Dismissal in accordance with FRCP Rule 41(a)(ii).

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IT IS SO ORDERED:

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May 28, 2013
Dated: ______________________

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By:______________________________________
THE HON. JEFFREY S. WHITE
UNITED STATES DISTRICT COURT JUDGE

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JOINT STATUS REPORT AND PROPOSED ORDER
3:10-cv-02782-JSW

1031309.1