Croxon v. Enterprise America, Inc. et al

Filing 52

ORDER TO SHOW CAUSE re Settlement. Show Cause Response or Stipulated Dismissal due by 8/17/2009. Order to Show Cause Hearing set for 8/31/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 6/11/2009. (ecg, COURT STAFF) (Filed on 6/11/2009)

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Case5:03-cv-01144-JW Document51 Filed06/11/09 Page1 of 2 2 3 4 5 6 7 8 UNIT ED S 1 II II II II II IN THE UNITED STATES DISTRICT COURT ER FOR THE NORTHERN DISTRICT OF CALIFORNIA N SAN JOSE DIVISION F D IS T IC T O R Stella Croxon, 9 10 v. 11 ) ) Plaintiff, Case No: C-03-01144 JW NOTICE OF SETTLEMENT (AMENDED) [NOTICE OF ERRATA] ) ) ) ) ) ) ) Enterprise America, Inc., et al 12 ORDERnagement CoCAUSE 6-15-2009 TO SHOW nf. Date RE: Case Ma SETTLEMENT 10:00 a.m. Defendants. 13 14 ) TO THIS HONORABLE COURT: Notice is hereby given that the parties Plaintiff Stella Croxon and Defendant Johnnie Rogers have reached a settlement as follows: Plaintiff will dismiss the Complaint with prejudice as against Rogers for a waiver of costs and malicious prosecution and will further file and record an expungement of the JUDGMENT LIEN AGAINST REAL PROPERTY (previously erroneously referred to as a lis pendens) and request a court order for same and for a dismissal of the complaint as against Rogers. The Plaintiff requires 45 days to prepare the necessary and appropriate documentation to effectuate this settlement. The parties are further requesting that the Case 15 16 17 18 19 20 21 22 23 Management Conference presently scheduled for June 15, 2009 be vacated in favor of 24 rescheduling a status conference within the next 60 days. 25 26 Dated: June 11, 2009 Respectfully submitted, Law Offices of Robert M. Moss, Inc. 27 28 /Rob-r-M. -oss------------ e t - MAttorney for Defendant, Notice of Settlement 1/'1-'----------., Page 1 A C LI FO Robert M. Moss (Bar No. 051198) a member of the firm of LA W OFFICES OF ROBERT M. MOSS, INC. 1717 Fourth Street, Third Floor Santa Monica, CA 90401 Telephone: (310) 260-7650 Facsimile: (310) 260-7654 Email: Attorney for Defendant, Johnnie Rogers S DISTRICT TE C TA mes Wa Judge Ja re R NIA O OR IT IS S DERED RT U O NO RT H Case5:03-cv-01144-JW Document51 Filed06/11/09 Page2 of 2 1 2 3 4 5 II II *** ORDER *** Johnnie Rogers On June 11, 2009, the parties notified the Court that the above-entitled matter has PROOF OF SERVICE reached aOsettlement.NIA, Docket Item LOS ANGE52.) In light of the settlement, the Court STATE F CALIFOR (See COUNTY OF Nos. 50, LES I am all loy d n the City f or ta Mo ica, C 17, 2009, Lo parties shall I vacates emptrialeandipretrial dates. oOnSanbeforenAugust ounty of the s Angeles. file aam over the age of 18 years and not a party to the within action. My business address is 1717 Fourth Street, Third Floor, Santa Monica, CA 90401. On June stipulated 9, I served the toocumentsRule medCivil ow on the41(a). w listed parties: dismissal pursuant d Federal na of bel Procedure belo 11, 200 DOCUMENT(dismissal ED: AfiledED theTspecified SETTLallEparties ICE appear RATA If a S) SERV is not MEND by NO ICE OF date, EM NT/NOT shall OF ER in Courtroom SERVED UPON: 6 7 II No. 8 9 10 11 12 13 14 II 8, 4th Floor, United States District Court, 280 South First Street, San Jose, Ca on August 31, 166 3 V a.m. Bo to show 2009 3at 9 entura and ulevard cause, if any, why the case should not be dismissed pursuant to Number 902 En no CA 9 41(b). Fed.ciR. ,Civ. P. 1436 On or before August 17, 2009, the parties shall file a joint statement in Barak Isaacs, Attorney at Law II II response to the OrderMtoIShowI caused eajointsstatement lope, set ith poststatus thetheon Cause. The ch uch enve shall w forth the age of re [X] (BY A L) fully prepaid, to be placed in the United States mail at Santa Monica, California. I am re activities of the parties for finalizing the settlement adily famuch r with the practice of and how miliaadditional time is requested this office for collection and processing of correspondence for mailing, said practice being that in the ordinary course of to finalize and file siness mail Ifsa deposited dismissal is nitedas States PostOrdereto ice ordered, the al S rvShow bu the dismissal. i voluntary in the U filed the same day as it is placed for collection. (BY FEDERAL EXPRESS) I am readily familiar with the practice of this office for collection and processing of correspondence Failure to or overwith t delivery and knowill hatdeemed ocuments(s) described f comply nigh any part of this Order w tbe the d sufficient grounds to herein will be deposited in a box or other facility regularly mai dismiss this action. ntained by Federal Express for overnight delivery. [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 15 16 17 18 19 20 21 II 22 23 24 25 26 27 28 Cause hearing will be automatically vacated. [] Dated: June 11, 2009 Executed on June 11, 2009 at __________________________ JAMES WARE Santa Monica, United States District Judge Notice of Settlement Page 2

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