James et al v. Ignatius A. Piazza et al

Filing 187

ORDER SETTING HEARING ON SETTLEMENT. The June 15, 2009 hearing is VACATED. On or before June 30, 2009, the parties shall file all necessary paperwork regarding the Final Terms of the Settlement for the Court's evaluation prior to the July 6 hear ing. Despite the termination of his role as Receiver, George Fisher shall remain the Courtappointed Special Master in this matter. Please see Order for further for specifics. Signed by Judge James Ware on 5/18/2009. (ecg, COURT STAFF) (Filed on 5/18/2009)

1 2 3 4 5 6 7 8 9 10 Stacy James, et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 05-04532 JW ORDER SETTING HEARING ON SETTLEMENT

United United States District Court

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For the Northern District of California

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Ignatius A. Piazza, et al., Defendants. /

On May 18, 2009, the Court conducted a hearing to the status of the case in light of the Receiver/Special Master's report that the parties have reached a tentative settlement regarding a dispute arising out of a previous Settlement approved by the Court. Counsel for the respective parties, Defendant Piazza, and Special Master and Receiver George Fisher were present. At the hearing, the parties represented that they have reached a preliminary settlement agreement, the final terms of which are still being negotiated. Accordingly, the Court orders as follows: (1) On July 6, 2009 at 9 a.m., all parties, including Defendant Piazza personally, shall appear for a Final Settlement Approval Hearing. The June 15, 2009 hearing is VACATED. On or before June 30, 2009, the parties shall file all necessary paperwork regarding the Final Terms of the Settlement for the Court's evaluation prior to the July 6 hearing. (2) Despite the termination of his role as Receiver, George Fisher shall remain the Court­appointed Special Master in this matter. The Court finds that retention of the

1 2 3 4 5 6 7 8 9 10 (4) (3)

Special Master will serve the interest of bringing timely and satisfactory closure to this case. Unless otherwise specified or recommended by the Special Master, both parties are equally responsible for the payment of the Special Master's fees and costs with respect to finalizing the terms of the settlement. The parties' final settlement agreement shall contain provisions allocating fees and costs associated with resolving this dispute. The parties' final settlement agreement shall contain provisions establishing a method for future dispute resolution. Any future disputes arising out of the parties' settlement agreement shall be resolved either through private dispute resolution or through the initiation of an independent legal action. IT IS SO ORDERED.

United States District Court

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For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: May 18, 2009 JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Christopher Clyde Walton [e-mail] Curtis Keith Greer [e-mail] Dana E Morris [e-mail] Jon Mark Thacker [e-mail] Richard Martin Williams [e-mail] Steven John Roberts [e-mail]

Dated: May 18, 2009

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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