Mendez et al v. Balli et al

Filing 75

ORDER GRANTING 74 REQUEST TO EXTEND PERIOD FOR CONSIDERATION TO BE PAID. Signed by Judge Jeremy Fogel on 4/29/09. (jflc2, COURT STAFF) (Filed on 4/29/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SHEILA K. SEXTON, SBN 197608 BEESON, TAYER & BODINE, APC 1404 Franklin Street, 5th Floor Oakland, CA 94612-3208 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs Ruben Mendez, et al.

**E-Filed 4/29/09**

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA AT SAN JOSE

RUBEN MENDEZ, et al., Plaintiffs, v. BOTTOMLEY DISTRIBUTING CO., INC., a California corporation, Defendant.

Case No. C-07-01086 JF ORDER GRANTING NOTICE TO COURT THAT SETTLEMENT HAS NOT BEEN DELIVERED; REQUEST TO EXTEND PERIOD FOR CONSIDERATION TO BE PAID

PLAINTIFFS, Ruben Mendez, et. al. hereby notify the Court that the monetary amounts provided for in the parties' settlement agreement have not been paid. Today is the last day for the Plaintiffs to so notify the Court in order that the case can be returned to trial mode. The reason that the settlement has not been paid is that the individual settlement amounts are derived from a complicated formula that has required a significant amount of time from each party. Thus, this is not a case where one party is refusing to comply with the settlement agreement. Rather, the parties simply require additional time within which to calculate and confirm the accuracy of the settlement award calculations. Accordingly, Plaintiffs hereby request that the Court provide the parties with an additional sixty days within which to complete the calculations for deriving the settlement amounts and to then 1
NOTICE THAT SETTLEMENT HAS NOT BEEN DELIVERED; REQUEST TO EXTEND PERIOD FOR CONSIDERATION TO BE PAID Case No. C-07-01086 JF
110859.doc

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

have those amounts paid to Plaintiffs. Defendant, Bottomley Distributing Co., Inc. joins in this request for additional time. Dated: April 24, 2009 BEESON, TAYER & BODINE, APC

By:

/s/Sheila K. Sexton SHEILA K. SEXTON Attorneys for Ruben Mendez, et al.

Dated: 4/29/09

_________________________________ JEREMY FOGEL United States District Judge

2
NOTICE THAT SETTLEMENT HAS NOT BEEN DELIVERED; REQUEST TO EXTEND PERIOD FOR CONSIDERATION TO BE PAID Case No. C-07-01086 JF
110859.doc