Israel Discount Bank of New York v. Simis, Inc. et al

Filing 125

ORDER RE JOINT NOTICE OF CONDITIONAL SETTLEMENT AND REQUEST TO STAY PROCEEDINGS AND FOR OTHER RELIEF, Motions terminated: 120 MOTION Administrative Request for Supplemental Case Management Conference filed by Israel Discount Bank of New York. Signed by Judge Phyllis J. Hamilton on 10/14/11. (nah, COURT STAFF) (Filed on 10/14/2011)

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1 2 3 4 5 6 7 8 Michael J. Niborski (State Bar No. 192111) e-mail: PRYOR CASHMAN LLP 1801 Century Park East, 24th Floor Los Angeles, California 60067 Tel: (310) 556-9608 Fax: (310) 556-9670 Ronald S. Beacher (State Bar No. 130318) e-mail: PRYOR CASHMAN LLP 7 Times Square New York, New York 10036 Tel: (212) 326-0148 Fax: (212) 515-6959 9 10 Attorneys for Plaintiff and Counterclaim Defendant Israel Discount Bank of New York 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION 14 15 ISRAEL DISCOUNT BANK OF NEW YORK, a New York corporation, 16 Case No. CV 10-5047 (PJH) [Judge Phyllis J. Hamilton] Plaintiff, 17 v. 18 SIMIS, INC., a California corporation; SIMLV, INC., a Nevada corporation; WORLD OF CHARMS, INC., formerly known as WOC, INC., a Nevada corporation; SIMSF, INC., a California corporation; SIMUS, INC., a California corporation; SIMBP, INC., a California corporation; ADI SIMAYOF, an Individual; SARI SIMAYOF COHEN, an Individual, 19 20 21 22 23 Defendants. 24 25 26 27 28 29 1 30 31 ORDER RE: JOINT NOTICE OF CONDITIONAL SETTLEMENT AND REQUEST TO STAY PROCEEDINGS AND FOR OTHER RELIEF [Joint Notice of Conditional Settlement and Request to Stay Proceedings and for Other Relief filed concurrently herewith] ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 IT IS HEREBY ORDERED that, pursuant to the concurrently filed Joint Notice Of Conditional Settlement And Request To Stay Proceedings (the “Joint Request”): (1) this Action is hereby stayed in its entirety for ninety (90) days through and including January 12, 2012 (the “Stay”); (2) the Hearing Date and the Request For Conference (as those terms are defined in the Joint Request) are hereby vacated; (3) the Dispositive Motion Deadline (as that term is defined in the Joint Request) is extended through and including the date which is fourteen (14) days after the Stay is lifted; (4) Plaintiff ’s time to serve a reply papers in further support of the Motion to Dismiss (as that term is defined in the Joint Request) is hereby extended pending further Order from this Court; and 14 (5) the Stay shall be vacated before the expiration of the aforementioned 15 ninety day period should the parties inform this Court that they have failed to 16 consummate a final agreement or that the Bankruptcy Court (as that term is defined in the 17 Joint Request) has refused to approve the proposed settlement. 18 19 IT IS SO ORDERED. 28 29 2 30 31 J ER R NIA yllis J. udge Ph H 27 RT 26 D DERE _______________________________ SO OR IS ITUnited States District Judge NO 25 By: n Hamilto FO 24 October 14 Dated: _____________ , 2011 LI 23 UNIT ED 22 S DISTRICT TE C TA RT U O S 21 A 20 N F D IS T IC T O R C

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