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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?