Elizabeth Lloyd v. Vipul Gupta et al

Filing 43

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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1 2 3 4 5 6 7 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 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 ELIZABETH LLOYD, an individual, Plaintiff, 13 14 15 16 17 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, 20 21 NOTICE OF SETTLEMENT AND ORDER WITHDRAWING MOTION FOR PARTIAL SUMMARY JUDGMENT AND VACATING MOTION HEARING Judge: Hon. Maria-Elena James 18 19 Case No. 3:15-cv-04183-MEJ Defendants, and 9GLOBAL, INC., a California Corporation, Defendant & Nominal Defendant. 22 23 24 25 26 27 9GLOBAL, INC., a California Corporation, Counterclaimant, v. ELIZABETH LLOYD, an individual, Counter-Defendant. 28 NOTICE OF SETTLEMENT AND STIP. AND [PROPOSED] ORDER WITHDRAWING MOTION AND VACATING MOTION HEARING CASE NO. 3:15-CV-04183-MEJ 1 This stipulation is entered into by and among Plaintiff and Counter-Defendant Elizabeth 2 Lloyd (“Lloyd”); the Defendant, Counter-Plaintiff and Nominal Defendant 9Global, Inc. 3 (“9Global”); and the other defendants named in this action (Vipul Gupta, Nandita Gupta, Ashok 4 Gupta, Bharat Gupta, Akshay Gupta, and 90MonthLoans, Inc.) (together, the “Gupta 5 Defendants”), through their attorneys of record. 6 WHEREAS, on August 12, 2015 Plaintiff filed a complaint (the “Complaint”) styled 7 Elizabeth Lloyd v. Vipul Gupta, et al., Case No. CIV 535048, in the Superior Court of the State 8 of California for the County of San Mateo; 9 10 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; 11 WHEREAS, on December 1, 2015, 9Global filed counterclaims against Lloyd; 12 WHEREAS, on February 2, 2016, Lloyd filed a motion for partial summary judgment, 13 14 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 15 their respective counsel, participated in a mediation session before the Honorable James Larson 16 (Ret.) in an attempt to resolve Plaintiff’s claims and the 9Global’s counterclaims (together, the 17 “Claims”); 18 19 20 21 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; 22 WHEREFORE, IT IS STIPULATED AND AGREED that: 23 1. 24 25 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 26 for July 21, 2016, will be taken off the calendar and no further papers in opposition to, or in 27 support of Lloyd’s Motion for Partial Summary Judgment shall be filed with the Court. 28 NOTICE OF SETTLEMENT AND STIP. AND [PROPOSED] ORDER WITHDRAWING MOTION AND VACATING MOTION HEARING CASE NO. 3:15-cv-04183-MEJ 1 1 3. All other deadlines for this matter, including trial and discovery deadlines, will be 2 taken off calendar pending the Court’s review of Plaintiff’s anticipated Motion for Preliminary 3 Approval of Settlement, which Plaintiff will file within a reasonable time hereafter. 4 5 Dated: May 31, 2016 Respectfully Submitted, 6 7 ALTO LITIGATION, PC 8 By: /s/ Bahram Seyedin-Noor BAHRAM SEYEDIN-NOOR 9 10 Attorneys for Plaintiff and Counter-Defendant ELIZABETH LLOYD 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF SETTLEMENT AND STIP. AND [PROPOSED] ORDER WITHDRAWING MOTION AND VACATING MOTION HEARING CASE NO. 3:15-cv-04183-MEJ 2 1 2 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. 3 4 5 6 Dated: May 31, 2016 ONE LLP By: /s/ Christopher W. Arledge CHRISTOPHER W. ARLEDGE 7 Attorneys for Defendant, Nominal Defendant and Counter-Plaintiff 9GLOBAL, INC. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF SETTLEMENT AND STIP. AND [PROPOSED] ORDER WITHDRAWING MOTION AND VACATING MOTION HEARING CASE NO. 3:15-cv-04183-MEJ 3 1 2 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. 3 4 5 6 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF SETTLEMENT AND STIP. AND [PROPOSED] ORDER WITHDRAWING MOTION AND VACATING MOTION HEARING CASE NO. 3:15-cv-04183-MEJ 4 * 1 4 5 6 7 * ORDER 2 3 * Based on the stipulation of the signed parties, and good cause appearing, IT IS HEREBY ORDERED that: 1. Lloyd’s Motion for Partial Summary Judgment (Dkt. No. 33) is voluntarily 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 8 for July 21, 2016, is vacated and no further papers in opposition to, or in support of Lloyd’s 9 Motion to dismiss shall be filed with the Court. 10 11 12 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. 13 14 15 DATED: May 31, 2016 __________________________________ 16 HON. MARIA-ELENA JAMES United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF SETTLEMENT AND STIP. AND [PROPOSED] ORDER WITHDRAWING MOTION AND VACATING MOTION HEARING CASE NO. 3:15-cv-04183-MEJ 5

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