Hoffman v. County of Santa Clara

Filing 27

ORDER ORDER VACATING CONFERENCE RE. SETTLEMENT; SETTING DEADLINE FOR FILING OF STIPULATED DISMISSAL. Stipulated Dismissal due by 7/31/2012. Signed by Chief Judge James Ware on July 3, 2012. (wsn, COURT STAFF) (Filed on 7/3/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 Todd Hoffman, 10 NO. C 11-01622 JW Plaintiff, ORDER VACATING CONFERENCE RE. SETTLEMENT; SETTING DEADLINE FOR FILING OF STIPULATED DISMISSAL 11 County of Santa Clara, et al., For the Northern District of California United States District Court v. 12 Defendants. 13 14 / This case is scheduled for a Status Conference re. Settlement on July 9, 2012. On June 28, 15 2012, the parties filed a Joint Status Statement contending that they have “reached a settlement that 16 resolves all issues in this matter,” and that “both Plaintiff and Plaintiff’s counsel have signed the 17 written settlement agreement,” which is now waiting “for execution by [Defendant’s] signor.” (See 18 Docket Item No. 26 at 2.) Further, they contend that they “anticipate that the settlement 19 requirements will be finalized shortly,” and that a judgment of dismissal will be filed “within 30 20 days.” (Id.) 21 The parties first informed the Court of their settlement on March 19, 2012. (See Docket Item 22 No. 20.) Since that time, the Court has given the parties two continuances to finalize their 23 settlement. (See Docket Item Nos. 23, 25.) Each time, the parties represented to the Court that they 24 would be able to reduce their settlement to a writing and file the appropriate dismissal within 30 25 days but ultimately failed to do so. (Id.) 26 Because it appears that the parties are closer to filing their dismissal, insofar as they contend 27 that they are only waiting for the County’s signature on the Settlement Agreement, the Court will 28 give the parties additional time to bring this case to a close. Accordingly, the Court VACATES the 1 Status Conference currently set for July 9, 2012. Instead, the Court sets July 31, 2012 as a firm 2 deadline by which the parties SHALL file their Stipulated Dismissal and bring this case to a close. 3 The Court observes that this is especially important in light of the Court’s impending retirement.1 4 5 6 Dated: July 3, 2012 JAMES WARE United States District Chief Judge 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26 27 28 See Chief Judge Ware Announces Transition, available at http://www.cand.uscourts.gov/news/82 (explaining that on April 28, 2012, Chief Judge Ware announced that he plans to “retire in August 2012 as the terms of his current law clerks come to an end.”). 2 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 Marcy Berkman marcy.berkman@cco.sccgov.org Michael Andrew McGill mcgill@policeattorney.com 3 4 Dated: July 3, 2012 Richard W. Wieking, Clerk 5 By: 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ JW Chambers William Noble Courtroom Deputy

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