Savage v. Sommer et al

Filing 69

CONDITIONAL DISMISSAL ORDER. Signed by Judge William H. Orrick on 04/05/2017. (jmdS, COURT STAFF) (Filed on 4/5/2017)

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JOHN H. CIGAVIC III (SBN: 231806)
([e-mail])
(ATTORNEY – BASIC LEGAL SERVICES)
201 Mission Street, Suite 1200
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
Attorney for Plaintiff Colette Savage

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SEAN P. WORSEY, ESQ (SBN 215807)
LEVIN SIMES LLP
44 Montgomery Street, 32nd Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendants Steven Sommer, et. al.

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
(SAN FRANCISCO DIVISION)

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Colette Savage, an individual citizen of
Texas,

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Plaintiff,
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v.
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Steven Sommer, an individual citizen of
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California; Joshua Sommer, an individual
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citizen of California; Amie Summers, an
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individual citizen of California; Stephanie )
Sommer, an individual citizen of California; )
Dr. Richard Ganz, an individual citizen of )
California; Lynn Ganz, an individual citizen )
of California; Jordonna Piel, an individual )
citizen of California and Jerry Piel, an
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individual citizen of California,
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Defendants.
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CASE NO.: 3:15 CV 05538
JOINT NOTICE OF SETTLEMENT
AND REQUEST FOR 45 DAY
CONDITIONAL DISMISSAL &
[PROPOSED] ORDER
Judge: William H. Orrick
Courtroom: 2, 17th Floor
Trial Date: 12 June 2017

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JOINT NOTICE OF SETTLEMENT AND REQUEST FOR 45 DAY CONDITIONAL DISMISSAL &
[PROPOSED] ORDER
(SAVAGE v. SOMMER, ET. AL., NORTHERN DISTRICT OF CALIFORNIA CASE NO. 3:15CV05538)
P0331.2017.BLS10s

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JOINT NOTICE OF SETTLEMENT

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TO THIS HONORABLE COURT AND TO ALL PARTIES AND THEIR
ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE that the above captioned parties have entered into a
settlement of this matter on 30 March 2017. This settlement includes all parties and all
causes of action.

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The Settlement will be concluded within 45 days.

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REQUEST FOR CONDITIONAL DISMISSAL

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The parties request that the Court Order this case conditionally dismissed for 45
days from 4 April 2017 to 19 May 2017 in order to provide time for the parties to execute
their release, fund the settlement and to conserve judicial resources.

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The parties acknowledge the filing of a litigation lien at ECF 44 from nonparty
Mark Savage, through his California counsel Jeffrey A. Moss, Esq., and submit a joint
letter addressing the lien issue at the same time as filing this Notice of Settlement.

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The parties request all calendared dates be vacated.
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JOINT NOTICE OF SETTLEMENT AND REQUEST FOR 45 DAY CONDITIONAL DISMISSAL &
[PROPOSED] ORDER
(SAVAGE v. SOMMER, ET. AL., NORTHERN DISTRICT OF CALIFORNIA CASE NO. 3:15CV05538)
P0331.2017.BLS10s

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The parties agree and request that if any party hereto certifies to this Court by 19
May 2017 (the first Court day following the expiration of 45 days from the date of this
filing), that the agreed consideration for said Settlement has not been delivered over or
the release signed, the Conditional Dismissal Order shall stand vacated and this action
shall forthwith be restored to the Calendar to be set for trial.

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Dated:

4 April 2017

JOHN H. CIGAVIC III, ESQ.
(ATTORNEY – BASIC LEGAL SERVICES)

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By: _______/s/ John H. Cigavic III______________

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JOHN H. CIGAVIC III, ESQ.
Attorney for Plaintiff Colette Savage

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Dated:

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April 4, 2017

SEAN P. WORSEY
LEVIN SIMES LLP
By: _______/s/ Sean P. Worsey______________

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SEAN P. WORSEY
Attorney for Defendants Steven Sommer, Joshua
Sommer, Amie Summers, Stephanie Sommer,
Richard Ganz, Lynn Ganz, Jerry Piel & Jordonna
Piel

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JOINT NOTICE OF SETTLEMENT AND REQUEST FOR 45 DAY CONDITIONAL DISMISSAL &
[PROPOSED] ORDER
(SAVAGE v. SOMMER, ET. AL., NORTHERN DISTRICT OF CALIFORNIA CASE NO. 3:15CV05538)
P0331.2017.BLS10s

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[PROPOSED] ORDER
The Parties hereto, by their counsel, have advised the Court that they have agreed to a
settlement of this action.
IT IS HEREBY ORDERED that this action is dismissed with prejudice; provided,
however, that if any party hereto shall certify to this Court, with a proof of service of a copy on
opposing counsel on or before 19 May 2017 that the agreed consideration for the settlement has
not been delivered over or the release signed; this Order shall stand vacated, and the action shall
be restored to the calendar to be set for trial.
IT IS SO ORDERED.

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Dated:

April 5, 2017

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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By: _______________________________________
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WILLIAM H. ORRICK
DISTRICT COURT JUDGE

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Approved as to Form:
Dated:

4 April 2017

JOHN H. CIGAVIC III, ESQ.
(ATTORNEY – BASIC LEGAL SERVICES)

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By: _______/s/ John H. Cigavic III______________
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JOHN H. CIGAVIC III, ESQ.
Attorney for Plaintiff Colette Savage

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Dated:

April 4, 2017

SEAN P. WORSEY
LEVIN SIMES LLP

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By: _______/s/ Sean P. Worsey______________
SEAN P. WORSEY
Attorney for Defendants Steven Sommer, Joshua
Sommer, Amie Summers, Stephanie Sommer,
Richard Ganz, Lynn Ganz, Jerry Piel & Jordonna
Piel

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JOINT NOTICE OF SETTLEMENT AND REQUEST FOR 45 DAY CONDITIONAL DISMISSAL &
[PROPOSED] ORDER
(SAVAGE v. SOMMER, ET. AL., NORTHERN DISTRICT OF CALIFORNIA CASE NO. 3:15CV05538)
P0331.2017.BLS10s