Thieriot v. Aig Matched Funding et al

Filing 106

ORDER TO SHOW CAUSE re Settlement. Joint Statement or Stipulated Dismissal due by 8/10/2009. 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 7/8/2009. (ecg, COURT STAFF) (Filed on 7/8/2009)

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LUKENS LAW GROUP WILLIAM M. LUKENS (SBN 037196) JENNIFER L. JONAK (SBN 191323) One Maritime Plaza, Suite 1600 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Richard T. Thieriot

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NICOLLE L. JACOBY (admitted pro hac vice) [e-mail] DECHERT LLP 1095 Avenue of the Americas New York, NY 10036-6797 Telephone: [phone] Facsimile: 212.698.3599 Attorneys for Defendants AIG MATCHED FUNDING CORP., AIG FINANCIAL SECURITIES CORP., AIG FINANCIAL PRODUCTS CORP., and BANQUE AIG

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RICHARD T. THIERIOT, an individual, Plaintiff, v. AIG MATCHED FUNDING CORP., et al., Defendants.

Case No. 07-5069 JW-RS

JOINT STATUS STATEMENT REGARDING SETTLEMENT ORDER TO SHOW CAUSE RE: SETTLEMENT

By Order issued July 2, 2009, the Court instructed the parties to file a Joint Statement to apprise the Court on their progress toward settlement on or before July 6, 2009. The parties were previously instructed to file a Joint Statement by June 26, 2009. Counsel for the parties sincerely apologize to the Court for not having done so.

JOINT STATUS STATEMENT RE SETTLEMENT (C 07-5069 JW)

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The parties have reached oral agreement but have not finalized written settlement documents. They had hoped to be able to finalize the settlement documentation by July 3, but now estimate that it will take an additional week to complete such documentation, and a further week to perform certain obligations pursuant to the settlement, including a dismissal of the case, at which time they anticipate that the settlement will be finalized. Dated: July 2, 2009 LUKENS LAW GROUP WILLIAM M. LUKENS JENNIFER L. JONAK By: ______________/s/______________________ JENNIFER L. JONAK Attorney for Plaintiff Dated: July 2, 2009 DECHERT LLP E. JOSEPH ESCHER NICOLLE L. JACOBY

By: _____________/s/_____________________ H. JOSEPH ESCHER III Attorney for Defendants *** ORDER *** In light of the parties' representation that the case has settled, the Court vacates all trial and pretrial dates. On or before August 10, 2009, the parties shall file a stipulated dismissal pursuant to Federal Rule of Civil Procedure 41(a). If a dismissal is not filed by the specified date, all parties shall appear in Courtroom No. 8, 4th Floor, United States District Court, 280 South First Street, San Jose, Ca on August 31, 2009 at 9 a.m. and to show cause, if any, why the case should not be dismissed pursuant to Fed. R. Civ. P. 41(b). On or before August 10, 2009, the parties shall file a joint statement in response to the Order to Show Cause. The joint statement shall set forth the status of the activities of the parties for finalizing the settlement and how much additional time is requested to finalize and file the dismissal. If a voluntary dismissal is filed as ordered, the Order to Show Cause hearing will be automatically vacated. Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss this action. Dated: July 8, 2009 ________________________ JAMES WARE United States District Judge

JOINT STATUS STATEMENT RE SETTLEMENT (C 07-5067 JW) -2-