Pintos v. Pacific Creditors Association et al

Filing 176

ORDER GRANTING IN PART PLAINTIFFS 175 REQUEST FOR AN ORDER REQURING DEFENDANT AND DEFENDANTS INSURER TO APPEAR. Signed by Judge Claudia Wilken on 12/5/2011. (ndr, COURT STAFF) (Filed on 12/5/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 MARIA E. PINTOS, 5 Plaintiff, 6 v. 7 PACIFIC CREDITORS ASSOCIATION, 8 Defendant. 9 No. C 03-5471 CW ORDER GRANTING IN PART PLAINTIFF’S REQUEST FOR AN ORDER REQURING DEFENDANT AND DEFENDANT’S INSURER TO APPEAR (Docket No. 175) ________________________________/ United States District Court For the Northern District of California 10 11 On September 27, 2011, upon having been advised that the 12 parties had agreed to a settlement, the Court entered a 13 conditional order of dismissal of this cause. 14 Court stated that if any party certified to the Court, with proof 15 of service upon the opposing counsel, within ninety days, that the 16 agreed consideration for the settlement had not been delivered, 17 the order would be vacated and the cause restored to the calendar 18 to be set for trial. In that order, the 19 On November 18, 2011, Plaintiff Maria E. Pintos certified to 20 the Court that she had not yet received the settlement amount and 21 that it had been represented to her that Defendant Pacific 22 Creditors Association’s insurer, Travelers, would issue and mail 23 payment for the settlement amount by the week of November 7-11, 24 2011. 25 Defendant and Travelers to appear and explain why the settlement 26 amount had not yet been paid. 27 28 Plaintiff requested that the Court issue an order requiring The Court GRANTS Plaintiff’s request in part. (Docket No. 175) Defendant shall file a response within twenty-four hours of 1 the filing of this order, explaining the delay and stating when 2 payment will be received or confirming that Plaintiff has received 3 payment already. 4 Defendant’s response is not satisfactory. 5 The Court shall set this matter for a hearing if IT IS SO ORDERED. 6 7 8 Dated: 12/5/2011 CLAUDIA WILKEN United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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