Hunter v. Okun et al

Filing 319

ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING HEARING ON MOTION FOR PRELIMINARY APPROVAL OF WAVE II SETTLEMENT AGREEMENT re 318 Case Management Statement. The Case Management Conference set for 2/8/2010 is VACATED. The Court sets a Hearing on Preliminary Approval of Wave II Settlement Agreement for for 5/10/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. The parties shall notice their motion in accordance with the Civil Local Rules of the Court. Signed by Judge James Ware on 2/3/2010. (ecg, COURT STAFF) (Filed on 2/4/2010)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In re: Edward H. Okun Internal Revenue Service Tax Deferred Exchange Litigation __________________________________/ Anita Hunter, et al., Plaintiffs, v. Citibank, N.A., et al., Defendants. / NO. C 07-02795 JW NO. C 09-02079 JW ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING HEARING ON MOTION FOR PRELIMINARY APPROVAL OF WAVE II SETTLEMENT AGREEMENT

This case is scheduled for a Case Management Conference on February 8, 2010. Pursuant to the Federal Rules of Civil Procedure and Local Rules of this Court, the parties conferred and duly submitted a Joint Case Management Statement. (hereafter, "Joint Statement," Docket Item No. 261.) In their Joint Statement, the parties represent that Defendants Lockton, Todd Pajonas, Bank of America, N.A., and Countrywide Bank, FSB, have agreed, in principle, to settle as part of the Wave II Settlement Agreement. (Id. at 5.) In light of this representation, the Court finds that a Case Management Conference is unnecessary at this time. Accordingly, the Court VACATES the Case Management Conference. On May 10, 2010 at 9 a.m., the Court will conduct a hearing on the parties' anticipated Motion for Preliminary Approval

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of the Wave II Settlement. The parties shall notice their motion in accordance with the Civil Local Rules of the Court.

Dated: February 3, 2010

JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Allen W. Burton [e-mail] Allison Lane Cooper [e-mail] Anthony Robert Zelle [e-mail] Bradley J. Lingo [e-mail] Brett Alan Broge [e-mail] Brian P. McDonough [e-mail] Bryan Thomas West [e-mail] Carol Lynn Thompson [e-mail] Cindy Hamilton [e-mail] Eileen Regina Ridley [e-mail] Ethan D. Dettmer [e-mail] F. Joseph Warin [e-mail] James Carnegie Krieg [e-mail] Jeffrey Noah Labovitch [e-mail] John Kenneth Van De Weert [e-mail] Kevin Michael Fee [e-mail] Lawrence A Kellogg [e-mail] Madeline Anne Zamoyski [e-mail] Mark Bruce Blocker [e-mail] Michael Drury [e-mail] Michael P. Denver [e-mail] Patrick T. Wong [e-mail] R. Van Swearingen [e-mail] Robert A. Curtis [e-mail] Robert Louis Brace [e-mail] Ryan D. Fischbach [e-mail] Stephen F. Gordon [e-mail] Thomas G. Foley [e-mail] Thomas Reynolds Heisler [e-mail] Thomas W. Evans [e-mail] Timothy J. Halloran [e-mail] Todd Barnett Gordon [e-mail] Wayne Allen Schrader [e-mail] William J. Goines [e-mail]

Dated: February 3, 2010

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

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