Lehman Brothers Holdings Inc. v. Mason McDuffie Mortgage Corporation

Filing 27

ORDER re 26 Notice (Other) filed by Lehman Brothers Holdings Inc.. Signed by Magistrate Judge Maria-Elena James on 3/29/2013. (rmm2S, COURT STAFF) (Filed on 3/29/2013)

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Daniel K. Calisher (State Bar No. 181821)
[e-mail]
David S. Canter (State Bar No. 144289)
[e-mail]
FOSTER GRAHAM MILSTEIN & CALISHER LLP
360 South Garfield Street, 6th Floor
Denver, Colorado 80209
Telephone: [phone]
Facsimile: 303-333-9786
Attorneys for Plaintiff
LEHMAN BROTHERS HOLDINGS, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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LEHMAN BROTHERS HOLDINGS,
INC.

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CASE NO.: 3:12-cv-05132-MEJ
AMENDED NOTICE OF
SETTLEMENT AND
REQUEST TO HOLD CASE IN
ABEYANCE OR OTHERWISE
ADMINISTRATIVELY CLOSE
ACTION

Plaintiff,
v.

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MASON McDUFFIE MORTGAGE
CORPORATION,

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Defendant.

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I. AMENDED NOTICE OF SETTLEMENT

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PLEASE TAKE NOTICE that Plaintiff Lehman Brothers Holdings, Inc.

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(“Plaintiff”) and Defendant Mason-McDuffie Mortgage Corporation (“Defendant”)

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(collectively, the “Parties”), have reached a settlement of all claims asserted in the

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above-captioned action.

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On February 15, 2013, Plaintiff filed its initial Notice of Settlement advising

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the Court a) a settlement had been reached; b) the Parties were in the process of

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reducing the settlement to writing; and c) the Parties anticipated filing a stipulation
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Amended Notice of Settlement — Case No. 3:12-cv-05132-MEJ

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to dismiss the action pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii) within 45 days (i.e.,
by April 1, 2013).

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Plaintiff hereby files this instant Amended Notice of Settlement and advises
the Court as follows:
1. The Parties have executed a Settlement Agreement and Mutual

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Release (“Agreement”) whereby Defendant agrees to perform

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pursuant to the terms of the Agreement over time.

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2. Defendant has begun to perform pursuant to the terms of the

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Agreement.
3. Though it was originally anticipated that Defendant’s performance
under the Agreement would be completed by April 1, 2013, it now

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appears that Defendant’s performance will not be completed until

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June 3, 2013.

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4. The parties now anticipate that the stipulation to dismiss this action
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pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii) will occur by on or about

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June 14, 2013.

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II. REQUEST TO HOLD CASE IN ABEYANCE OR OTHERWISE
ADMINISTRATIVELY CLOSE ACTION

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Given the above, and in the interests of judicial economy, Plaintiff requests
this Court hold the case in abeyance or otherwise administratively close this action

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Amended Notice of Settlement — Case No. 3:12-cv-05132-MEJ

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through June 21, 2013, thereby affording the Parties sufficient time to a) complete
the settlement of this action, and b) file the stipulation to dismiss this action.

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Respectfully submitted this 20th day of March, 2013.

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FOSTER GRAHAM MILSTEIN
& CALISHER, LLP

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/s/ Daniel K. Calisher
Daniel K. Calisher
David S. Canter
Attorneys for Plaintiff
Lehman Brothers Holdings, Inc.

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ERED

O ORD
IT IS S

This case shall be held
in abeyance until June 21,
2013. The parties shall
either file a dismissal at
that time or file a status
report as to the status of
the settlement of this action
IT IS SO ORDERED.
DATED: 3/29/2013

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UNIT
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Amended Notice of Settlement — Case No. 3:12-cv-05132-MEJ

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PROOF OF SERVICE

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STATE OF COLORADO, CITY & COUNTY OF DENVER

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I am employed in the aforesaid county, State of Colorado; I am over the age
of 18 years old and not a party to the within action, my business address is 360 S.
Garfield Street, 6th Floor, Denver, Colorado 80209.

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On the below date, I served a copy of the AMENDED NOTICE OF
SETTLEMENT AND REQUEST TO HOLD CASE IN ABEYANCE OR
OTHERWISE ADMINISTRATIVELY CLOSE ACTION as follows:
James W. Brody
American Mortgage Law Group, P.C.
75 Rowland Way, Suite 350
Novato, California 94945

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(BY MAIL)

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I deposited such envelope in the mail at Denver, Colorado. The envelope
was mailed with postage thereof fully prepaid.

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I am readily familiar with the business practice of my place of employment
in respect to the collection and processing of correspondence, pleadings and
notices for mailing with the United States Postal Service. The foregoing sealed
envelope was placed for collection and mailing this date consistent with the
ordinary business practice of my place of employment, so that it will be picked up
this date with postage thereon fully prepaid at Denver, Colorado, in the ordinary
course of such business.

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X

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(BY ELECTRONIC SERVICE VIA CM/ECF SYSTEM)
In accordance with the electronic filing procedures of this Court, service has
been effected on the aforesaid party above, whose counsel of record is a registered
participant of CM/ECF, via electronic service through the CM/ECF system
(BY ELECTRONIC MAIL)
On the below date prior to 5:00 p.m., PST, I transmitted the foregoing
document(s) by electronic mail, and the transmission was reported as complete and
without error. A true and correct copy of the electronic transmission is attached to
this declaration. This method was made pursuant to the agreement of counsel.
(BY FACSIMILE)
One the below date, I transmitted the foregoing document(s) by facsimile
sending number. Pursuant to Rule 2.306(3)(4), I caused the machine to print a
transmission record of the transmission.
(BY FEDERAL EXPRESS)
I am readily familiar with the business practice of my place of employment
in respect to the collection and proceeding of correspondence, pleadings and
notices for delivery by Federal Express. Under the practice it would be deposited
with Federal Express on the same date with postage thereon fully prepared at
Denver, Colorado in the ordinary course of business. I am aware that on motion of
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Amended Notice of Settlement — Case No. 3:12-cv-05132-MEJ

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the party service, service is presumed invalid if delivery by Federal Express is
more than one day after the date of deposit with Federal Express. Executed on the
below date, at Denver, Colorado.
(BY PERSONAL SERVICE)
I caused to be delivered such envelope by hand to the addressee noted
above. Executed on the below date at Denver, Colorado.
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(FEDERAL)
I declare under penalty of perjury that the foregoing is true and correct, and
that I am employed at the office of a member of the bar of this Court at whose
direction the service was made.

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Executed on March 20, 2013, at Denver, Colorado.

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s/ Daniel K. Calisher

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Amended Notice of Settlement — Case No. 3:12-cv-05132-MEJ