Maloco v. Prometric, Inc et al

Filing 50

ORDER GRANTING STIPULATION FOR RELIEF 49 . The parties are relieved from filing motions in limine and any other required filings. The Court VACATES pretrial and trial dates. Signed by Judge Nathanael Cousins on 2/7/14. (lmh, COURT STAFF) (Filed on 2/7/2014)

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1 2 3 4 5 Christopher B. Dolan (SBN 165358) Michael J. DePaul (SBN 231641) THE DOLAN LAW FIRM The Dolan Building 1438 Market Street San Francisco, CA 94102 Tel: (415) 421-2800 Fax: (415) 421-2830 chris@cbdlaw.com michael.depaul@cbdlaw.com 6 7 Attorneys for Plaintiff ANTHONY MALOCO 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO / OAKLAND DIVISION 11 12 ANTHONY MALOCO, 13 Plaintiff, 14 v. 15 16 17 18 Case No.: C 13-00238 NC NOTICE OF CONDITIONAL SETTLEMENT OF ENTIRE CASE AND STIPULATED REQUEST FOR ORDER FOR RELIEF PROMETRIC, INC., a Delaware Corporation; FRANK BOYLE, an individual; and DOES 1-50, inclusive, Defendants. 19 20 21 22 23 24 25 26 27 28 THE DOLAN LAW FIRM TRIAL LAWYERS THE DOLAN BUILDING 1438 MARKET STREET SAN FRANCISCO, CA 94102 TEL: (415) 421-2800 FAX: (415) 421-2830 -1NOTICE OF CONDITIONAL SETTLEMENT AND STIPULATED REQUEST FOR ORDER FOR RELIEF 1 The Parties to the captioned-action have reached a Settlement Agreement that resolves all 2 disputes between Plaintiff Anthony Maloco ("Plaintiff") and Defendants Prometric, Inc. and Frank 3 Boyle ("Defendants"). The terms of the Settlement Agreement shall be performed within the next 4 thirty five (35) days. Therefore, the Parties respectfully request that the Court enter a conditional 5 dismissal of this action without prejudice and order Plaintiff to file a dismissal with prejudice 6 immediately upon performance of the terms of the Settlement Agreement. 7 The Parties also respectfully request that, under the circumstances, the Court relieve them from 8 filing motions in limine and any other required filings, and to vacate the pre-trial conference set for 9 February 12, 2014 and the trial date set for February 24, 2014, to relieve the Court of any burden 10 related to this case while the Parties complete the terms of the Settlement Agreement as identified 11 herein. 12 13 14 SO STIPULATED: 15 16 DATED: February 7, 2014 THE DOLAN LAW FIRM 17 By: ______ /s/___________________ CHRISTOPHER B. DOLAN MICHAEL J. DEPAUL Attorneys for Plaintiff 18 19 20 21 22 DATED: February 7, 2014 ALLEN MATKINS 23 24 By:___________/s/____________ 25 MIKE BETZ ALEXANDER NESTOR Attorney for Defendants 26 27 28 THE DOLAN LAW FIRM TRIAL LAWYERS THE DOLAN BUILDING 1438 MARKET STREET SAN FRANCISCO, CA 94102 TEL: (415) 421-2800 FAX: (415) 421-2830 -2NOTICE OF CONDITIONAL SETTLEMENT AND STIPULATED REQUEST FOR ORDER FOR RELIEF 1 ORDER 2 3 Based on Stipulation of the Parties, the Court orders as follows: 1. The Parties are relieved from filing motions in limine and any other required filings; 2. The Court vacates the pre-trial conference set for February 12, 2014 and the trial date set 4 5 for February 24, 2014; 6 7 3. Plaintiff shall file a dismissal of the entire action with prejudice immediately upon performance of the terms of the Settlement Agreement. 15 19 20 . thanael M Judge Na ER Cousins H 18 RT 17 DERE O OR IT IS S NO 16 Magistrate Judge Nathanael Cousins D R NIA 14 7 DATED: February __, 2014 RT U O 13 FO 12 S DISTRICT TE C TA ________________________________________ LI 11 A 10 This action and all claims asserted herein are dismissed without prejudice. In the event that the terms of the settlement are not performed, any party may move to reopen the case and the trial will be rescheduled, provided that such motion is filed within 45 days of this order. IT IS SO ORDERED. S 9 UNIT ED 8 N D IS T IC T R OF C 21 22 23 24 25 26 27 28 THE DOLAN LAW FIRM TRIAL LAWYERS THE DOLAN BUILDING 1438 MARKET STREET SAN FRANCISCO, CA 94102 TEL: (415) 421-2800 FAX: (415) 421-2830 -3NOTICE OF CONDITIONAL SETTLEMENT AND STIPULATED REQUEST FOR ORDER FOR RELIEF

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