Gall v. City Of San Jose

Filing 71

ORDER TO SHOW CAUSE RE SETTLEMENT. Order to Show Cause Hearing set for 12/21/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Stipulated Dismissal or Show Cause Response due by 12/16/2009. Signed by Judge James Ware on 11/12/2009. (ecg, COURT STAFF) (Filed on 11/12/2009)

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TIMOTHY GALL 15435 La Jolla Drive Morgan Hill CA 95037 Telephone: [phone] Email: [e-mail] Plaintiff in Pro Se

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSÉ FACILITY

TIMOTHY L. GALL, Plaintiff, v. CITY OF SAN JOSE, Defendant.

NO.: C08-00120 JW ORDER CONTINUING HEARING JOINT STATEMENT RE: OSC ORDER TO SHOW CAUSE RE: SETTLEMENT DATE: NOVEMBER 16, 2009 TIME: 9:00 A.M. JUDGE: HON. JAMES WARE

The parties hereby submit this Joint Statement. 1. BACKGROUND. On September 16, 2009, after the parties had notified the Court about a proposed settlement, the Court issued an Order requiring the parties to appear on November 16, 2009, to show cause why this case should not be dismissed. The Court ordered the parties to file this statement setting forth the status of settlement activities.

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Attorneys for Defendant CITY OF SAN JOSÉ

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RICHARD DOYLE, City Attorney (#88625) NORA FRIMANN, Chief Trial Attorney (#93249) SD CLIFFORD GREENBERG, Senior Deputy City Attorney (#122612)ISTRICT TE C Office of the City Attorney TA 200 East Santa Clara Street San Jose, California 95113 Telephone: [phone] DERED Facsimile: [phone] SO OR IT IS Email: [e-mail]

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STATUS. The parties are in the process of circulating two separate but related agreements

concerning settlement of both Plaintiff's Workers Compensation action and the instant Federal action. The agreement related to this action contemplates the filing of a dismissal after the payment of the settlement amount, which will require approximately two weeks to procure, following execution of the settlement documents. Accordingly, while the settlement of this case is still relatively certain, the final actions necessary to implement it are still ongoing. Plaintiff is also seeking the advice of an attorney who is new to the proceedings regarding the language of the settlements. The parties therefore request an additional 30 days to fully implement the settlement. DATED: November 6, 2009 RICHARD DOYLE, City Attorney By: __ /s/ Clifford S. Greenberg CLIFFORD S. GREENBERG Senior Deputy City Attorney

Attorneys for Defendant CITY OF SAN JOSÉ

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November 6, 2009

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/s/ Timothy L. Gall TIMOTHY L. GALL Plaintiff in Pro Se

*** ORDER *** In I affirm the parties' Joint Statement, theto the electronic filing of this document on his behalf. light of that plaintiff has consented Court finds good cause to continue the hearing on the DATED: ShowNovember 6, 2009 from NovemberRICHARD DOYLE, City Attorney 9 a.m. On or Order to Cause re: Settlement 16, 2009 to December 21, 2009 at before December 16, 2009, the parties shall either file their Stipulated Clifford S.or a Joint Statement /s/ Dismissal Greenberg By: __ CLIFFORD S. GREENBERG Senior Deputy City Attorney updating the Court on their settlement efforts. Dated: November 12, 2009 Attorneys for Defendant __________________________ CITY OF SAN JOSÉ JAMES WARE United States District Judge

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