Elizabeth Lloyd v. Vipul Gupta et al
Filing
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ORDER VACATING ALL PENDING DEADLINES AND HEARINGS. Motion for Preliminary Approval of Settlement or joint status report due by 7/14/2016. Signed by Judge Maria-Elena James on 5/31/2016. (cdnS, COURT STAFF) (Filed on 5/31/2016)
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BAHRAM SEYEDIN-NOOR, State Bar No. 203244
BRYAN J. KETROSER, State Bar No. 239105
ALTO LITIGATION, PC
4 Embarcadero Center, Suite 1400
San Francisco, CA 94111
Telephone: (415) 830-5897
Facsimile: (866) 654-7207
Email: bahram@altolit.com
Email: bryan@altolit.com
Attorneys for Plaintiff and Counter-Defendant,
ELIZABETH LLOYD
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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ELIZABETH LLOYD, an individual,
Plaintiff,
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v.
VIPUL GUPTA, an individual; NANDITA
GUPTA, an individual; ASHOK GUPTA, an
individual; BHARAT GUPTA, an individual;
AKSHAY GUPTA, an individual;
60MONTHLOANS, INC., a California
Corporation, and Does 1 through 50, inclusive,
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NOTICE OF SETTLEMENT AND
ORDER WITHDRAWING MOTION
FOR PARTIAL SUMMARY
JUDGMENT AND VACATING
MOTION HEARING
Judge: Hon. Maria-Elena James
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Case No. 3:15-cv-04183-MEJ
Defendants,
and
9GLOBAL, INC., a California Corporation,
Defendant & Nominal Defendant.
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9GLOBAL, INC., a California Corporation,
Counterclaimant,
v.
ELIZABETH LLOYD, an individual,
Counter-Defendant.
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NOTICE OF SETTLEMENT AND STIP. AND [PROPOSED] ORDER WITHDRAWING MOTION AND VACATING MOTION HEARING
CASE NO. 3:15-CV-04183-MEJ
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This stipulation is entered into by and among Plaintiff and Counter-Defendant Elizabeth
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Lloyd (“Lloyd”); the Defendant, Counter-Plaintiff and Nominal Defendant 9Global, Inc.
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(“9Global”); and the other defendants named in this action (Vipul Gupta, Nandita Gupta, Ashok
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Gupta, Bharat Gupta, Akshay Gupta, and 90MonthLoans, Inc.) (together, the “Gupta
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Defendants”), through their attorneys of record.
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WHEREAS, on August 12, 2015 Plaintiff filed a complaint (the “Complaint”) styled
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Elizabeth Lloyd v. Vipul Gupta, et al., Case No. CIV 535048, in the Superior Court of the State
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of California for the County of San Mateo;
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WHEREAS, on September 4, 2015, Defendants removed the action to this Court based
on federal question jurisdiction, and the case was assigned Case No, 3:15-cv-04183-MEJ;
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WHEREAS, on December 1, 2015, 9Global filed counterclaims against Lloyd;
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WHEREAS, on February 2, 2016, Lloyd filed a motion for partial summary judgment,
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derivatively on behalf of 9Global, against Defendant Nandita Gupta (Dkt. Nos. 33-35);
WHEREAS, on April 28, 2016, Lloyd, the Gupta Defendants, and 9Global, along with
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their respective counsel, participated in a mediation session before the Honorable James Larson
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(Ret.) in an attempt to resolve Plaintiff’s claims and the 9Global’s counterclaims (together, the
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“Claims”);
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WHEREAS, after further settlement negotiations, all parties reached an agreement in
principal to resolve all Claims asserted in the action;
WHEREAS, on May 25, 2016 the parties agreed via e-mail to a Memorandum of
Understanding outlining the terms of this agreement;
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WHEREFORE, IT IS STIPULATED AND AGREED that:
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1.
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Lloyd’s Motion for Partial Summary Judgment (Dkt. No. 33) is withdrawn, without
prejudice to Lloyd’s right to re-file such motion.
2.
The hearing on Lloyd’s Motion for Partial Summary Judgment, currently scheduled
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for July 21, 2016, will be taken off the calendar and no further papers in opposition to, or in
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support of Lloyd’s Motion for Partial Summary Judgment shall be filed with the Court.
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NOTICE OF SETTLEMENT AND STIP. AND [PROPOSED] ORDER WITHDRAWING MOTION AND VACATING MOTION HEARING
CASE NO. 3:15-cv-04183-MEJ
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3.
All other deadlines for this matter, including trial and discovery deadlines, will be
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taken off calendar pending the Court’s review of Plaintiff’s anticipated Motion for Preliminary
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Approval of Settlement, which Plaintiff will file within a reasonable time hereafter.
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Dated: May 31, 2016
Respectfully Submitted,
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ALTO LITIGATION, PC
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By: /s/ Bahram Seyedin-Noor
BAHRAM SEYEDIN-NOOR
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Attorneys for Plaintiff and
Counter-Defendant ELIZABETH LLOYD
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NOTICE OF SETTLEMENT AND STIP. AND [PROPOSED] ORDER WITHDRAWING MOTION AND VACATING MOTION HEARING
CASE NO. 3:15-cv-04183-MEJ
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I, Bahram Seyedin-Noor, am the ECF user whose ID and password are being used to file this
Notice of Settlement and Stipulation and [Proposed] Order Withdrawing Plaintiff’s Motion for
Partial Summary Judgment and Vacating Motion Hearing. In compliance with Local Civil Rule
5-1(i)(3), I hereby attest that Christopher W. Arledge has concurred in this filing.
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Dated: May 31, 2016
ONE LLP
By: /s/ Christopher W. Arledge
CHRISTOPHER W. ARLEDGE
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Attorneys for Defendant, Nominal Defendant
and Counter-Plaintiff 9GLOBAL, INC.
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NOTICE OF SETTLEMENT AND STIP. AND [PROPOSED] ORDER WITHDRAWING MOTION AND VACATING MOTION HEARING
CASE NO. 3:15-cv-04183-MEJ
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I, Bahram Seyedin-Noor, am the ECF user whose ID and password are being used to file this
Notice of Settlement and Stipulation and [Proposed] Order Withdrawing Plaintiff’s Motion for
Partial Summary Judgment and Vacating Motion Hearing. In compliance with Local Civil Rule
5-1(i)(3), I hereby attest that Robert G. Loewy has concurred in this filing.
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Dated: May 31, 2016
LAW OFFICE OF ROBERT G. LOEWY, P.C.
By: /s/ Robert G. Loewy
ROBERT G. LOEWY
Attorneys for Defendants VIPUL GUPTA,
NANDITA GUPTA, ASHOK GUPTA,
BHARAT GUPTA, AKSHAY GUPTA, AND
60MONTHLOANS, INC.
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NOTICE OF SETTLEMENT AND STIP. AND [PROPOSED] ORDER WITHDRAWING MOTION AND VACATING MOTION HEARING
CASE NO. 3:15-cv-04183-MEJ
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ORDER
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Based on the stipulation of the signed parties, and good cause appearing, IT IS HEREBY
ORDERED that:
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Lloyd’s Motion for Partial Summary Judgment (Dkt. No. 33) is voluntarily
withdrawn, without prejudice to Lloyd’s right to re-file such motion.
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The hearing on Lloyd’s Motion for Partial Summary Judgment, currently scheduled
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for July 21, 2016, is vacated and no further papers in opposition to, or in support of Lloyd’s
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Motion to dismiss shall be filed with the Court.
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3.
Plaintiff will submit a Motion for Preliminary Approval of Settlement by July 14,
2016. If no motion is filed, the parties shall instead file a joint status report by July 14.
IT IS SO ORDERED.
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DATED: May 31, 2016
__________________________________
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HON. MARIA-ELENA JAMES
United States Magistrate Judge
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NOTICE OF SETTLEMENT AND STIP. AND [PROPOSED] ORDER WITHDRAWING MOTION AND VACATING MOTION HEARING
CASE NO. 3:15-cv-04183-MEJ
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