Harris v. Northwestern Investment Management Company, LLC et al

Filing 100

ORDER REGARDING 99 PLAINTIFFS CERTIFICATION THAT CONSIDERATION FOR SETTLEMENT HAS NOT YET BEEN RECEIVED. Signed by Judge Claudia Wilken on 12/21/2011. (ndr, COURT STAFF) (Filed on 12/21/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 LAURIE GIBBS HARRIS, 5 Plaintiff, 6 7 8 9 United States District Court For the Northern District of California 10 11 No. C 10-01763 CW v. NORTHWESTERN INVESTMENT MANAGEMENT COMPANY, LLC; NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY; and DOES 1 through 20, inclusive, ORDER REGARDING PLAINTIFF’S CERTIFICATION THAT CONSIDERATION FOR SETTLEMENT HAS NOT YET BEEN RECEIVED (Docket No. 99) Defendants. ________________________________/ 12 13 On September 19, 2011, upon having been advised that the 14 parties had agreed to a settlement, the Court entered a 15 conditional order of dismissal of this cause. 16 Court stated that if any party certified to the Court, with proof 17 of service upon the opposing counsel, within ninety days, that the 18 agreed consideration for the settlement had not been delivered, 19 the order would be vacated and the cause restored to the calendar 20 to be set for trial. 21 In that order, the On December 19, 2011, Plaintiff Laurie Gibbs Harris certified 22 to the Court that consideration for the settlement of this matter 23 has not yet been delivered. 24 have been unable to reach an agreement on the allocation of the 25 settlement funds and the timing for payment thereof. 26 Plaintiff stated that the parties Accordingly, the Court extends the conditional dismissal for 27 ninety days from the date of this Order. 28 to private mediation for further settlement discussions within The parties shall return 1 thirty days of the date of this Order. 2 motion to enforce the settlement within thirty days of the date of 3 this Order. 4 Plaintiff shall file a IT IS SO ORDERED. 5 6 7 Dated: 12/21/2011 CLAUDIA WILKEN United States District Judge 8 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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