Nix v. Anka Behavioral Health, Inc.

Filing 117

STIPULATION AND ORDER to Vacate Case Management Conference. Signed by Judge Thelton E. Henderson on 09/28/2012. (tmi, COURT STAFF) (Filed on 9/28/2012)

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STAN S. MALLISON (Bar No. 184191) StanM@TheMMLawFirm.com HECTOR R. MARTINEZ (Bar No. 206336) HectorM@TheMMLawFirm.com MARCO A. PALAU (Bar. No. 242340) MPalau@TheMMLawFirm.com JOSEPH D. SUTTON (Bar No. 269951) JSutton@TheMMLawFirm.com MALLISON & MARTINEZ 1939 Harrison Street, Suite 730 Oakland, California 94612-3547 Telephone: (510) 832-9999 Facsimile: (510) 832-1101 Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION JULIE CARLSON and ROBERT STARK, on behalf of themselves and all others similarly situated, Plaintiff, vs. ANKA BEHAVIORAL HEALTH, INC., a California Corporation, CASE NO. C-10-03914 TEH E-FILING NOTICE OF PROPOSED SETTLEMENT AND STIPULATION TO VACATE THE OCTOBER 1, 2012 CMC Judge: Honorable Thelton E. Henderson Defendant. TO THE COURT, PARTIES, AND THEIR ATTORNEY(S) OF RECORD HEREIN: IT IS HEREBY STIPULATED by and between Defendant ANKA BEHAVIORAL HEALTH, INC. and Plaintiffs JULIE CARLSON and ROBERT STARK (collectively referred to herein as “the Parties”), by and through their respective counsel of record, that the Case Management Conference set for October 1, 2012 at 1:30 p.m. be vacated as the Parties have finalized a Proposed Settlement Agreement (the “Agreement”). Pursuant to the Case Management Conference Minutes from October 24, 2011, the Parties were assigned a special master to resolve discovery disputes and referred to Magistrate Judge C-10-03914 TEH NOTICE OF PROPOSED SETTLEMENT/STIPULATION TO VACATE 10/1/12 CMC Joseph C. Spero for a settlement conference. The settlement conference with Judge Spero was held on July 31, 2012, at which time the Parties reached a preliminary agreement regarding settlement terms. On September 24, 2012 the Parties submitted a finalized version of the Agreement to Judge Spero. Plaintiffs are currently drafting their Motion for Preliminary Approval of Class Settlement Agreement and will submit this motion promptly. IT IS SO STIPULATED. Respectfully submitted, DATED: September 27, 2012 LEWIS BRISBOIS BISGAARD & SMITH LLP By __________/s/_______________________ Charles O. Thompson Nicole A. Bolson Natalja M. Fulton Attorneys for Defendant Anka Behavioral Health, Inc. DATED: September 27, 2012 MALLISON & MARTINEZ By __________/s/________________________ Stan S. Mallison Joseph D. Sutton Attorneys for Plaintiffs Julie Carlson and Robert Stark C-10-03914 TEH 2 NOTICE OF PROPOSED SETTLEMENT/STIPULATION TO VACATE 10/1/12 CMC IT IS SO ORDERED. PURSUANT TO STIPULATION OF THE PARTIES, the Case Management Conference set for October 1, 2012 is vacated, as the Parties will be appearing shortly before the Court for the UNIT ED R NIA NO ___________________________________________ Honorable Thelton E. Henderson UNITED STATES DISTRICT JUDGE NORTHERN DISTRICTeOF sCALIFORNIA nder on .H RT A H ER FO helton E Judge T LI 09/28 DATED: ___________, 2012 S DISTRICT TE C TA RT U O S Preliminary Approval of Class Settlement. N F D IS T IC T O R C C-10-03914 TEH 3 NOTICE OF PROPOSED SETTLEMENT/STIPULATION TO VACATE 10/1/12 CMC

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