United States of America v. Benson

Filing 84

ORDER by Judge Yvonne Gonzalez Rogers granting (65) Motion to Intervene; Denying without Prejudice (66) Motion to Dissolve Injunction in case 4:14-cv-02071-YGR; Referral to Magistrate Judge for Settlement Purposes; and Setting Status Conference. (fs, COURT STAFF) (Filed on 5/31/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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vs.
BURTON O. BENSON,

Northern District of California

United States District Court

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14-cv-2071 YGR
ORDER GRANTING MOTION TO INTERVENE
AND DENYING WITHOUT PREJUDICE
MOTION TO DISSOLVE INJUNCTION;
REFERRAL TO MAGISTRATE JUDGE FOR
SETTLEMENT PURPOSES; AND SETTING
STATUS CONFERENCE

Defendant.
DKT NOS. 65, 66

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_____________________________________

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NICHOLAS SAAKVITNE, Trustee, ERG Profit
Sharing Plan,

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15-cv-5091 YGR

Plaintiff,
v.
BURTON ORVILLE BENSON,
Defendant.
_____________________________________
Pending before the Court are the motions (14-cv-2071, Dkt. Nos. 65 and 66) of Energy

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Research & Generation Inc. to Intervene and to Dissolve the Court’s orders for preliminary

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injunction and appointment of an independent fiduciary in light of the suggestion of death of

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defendant Burton O. Benson.

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The Court, having held status conferences on these cases and the related criminal on May 19
and 26, 2017, ORDERS as follows:
1. Both the related matters are REFERRED to Magistrate Judge Joseph C. Spero for global

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settlement discussions. The parties are directed to meet and confer and file a joint notice stating the

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dates they are unavailable for a settlement conference no later than May 31, 2017. The Government

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is directed to notify all known heirs of Benson and their respective counsel of the settlement

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conference to insure participation of all interested parties;

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2. The motion to intervene filed in the 14-cv-2071 matter is GRANTED;

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3. The motion to dissolve the preliminary injunction filed in the 14-cv-2071 matter is

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DENIED WITHOUT PREJUDICE to renewal after the parties have completed their settlement

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conference with Magistrate Judge Spero.

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4. Both the related matters are set for a further status conference on September 22, 2017, at
9:00 a.m. in Courtroom 1, Federal Courthouse, 1301 Clay Street, Oakland.
IT IS SO ORDERED.
Dated: May 31, 2017

Northern District of California

United States District Court

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_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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