Peter B, Inc. et al v. Schantz et al

Filing 206

ORDER APPROVING SETTLEMENT re 204 Stipulation. The Status Conference currently scheduled for December 9, 2011, is CONTINUED to January 6, 2012, at 1:30 p.m. to allow for the conclusion of the settlement and the filing of a Stipulation for Dismissal . The parties shall file a brief Joint Statement updating the court on the progress of the settlement on or before December 30, 2011, unless a Stipulation for Dismissal is filed prior to that date. Signed by Judge Edward J. Davila on 12/2/2011. (ecg, COURT STAFF) (Filed on 12/2/2011)

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UNITED STATES DISTRICT COURT 2 3 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 4 5 6 EJD Case Number C09-00360 JW PETER B., INC., a Nevada Corporation, FOXGLOVE, INC., a Wyoming corporation, 7 [PROPOSED] ORDER APPROVING SETTLEMENT Plaintiffs, 8 vs. 9 REID P. SCHANTZ, an individual, SUNRA CORPORATION, a California corporation, OMNI FINANCIAL, LLC, a California Limited Liability Company, CURA FINANCIAL, LLC, a California limtted liability company, MARTIN BOONE, an individual, CHRISTOPHER JOHNSON, an individual 10 11 12 13 14 15 Defendants. REID P. SCHANTZ, an individual, SUNRA CORPORATION, a suspended California corporation, 16 Cross-Complainants, 17 18 vs. I9 OMNI FINANCIAL, LLC, a California Limited Liability Company, CHRISTOPHER JOHNSON, an individual, Cross-Defendants, 20 21 22 23 All parties stipulated to an oral settlement agreement on the record in this Court on 24 November 10, 2010. The Court issued an order on December 13, 2010 appointing George Fisher 25 as Special Master to oversee and conclude the settlement of the parties. Pursuant to said order, 26 the Special Master was to collect all of the documents and payments from the parties and deliver 27 them in execution of the Settlement Cilipon stipulation of the parties or further order of the courtD 28 This order shall serve to approve the settlement described in detail in the Stipulation for 1 ORDER APPROVING SETTLEMENT 1 Settlement filed with the court, instruct the Special Master to exchange the signed settlement 2 documents and otherwise effectuate the terms of the Stipulation for Settlement and order the 3 Special Master to transfer settlement funds to the client trust account for plaintiff[] counsel 4 Mitchell A. Stevens. 5 IT IS HEREBY ORDERED: 6 1. The settlement of this matter, as outlined in the Stipulation for Settlement filed with 7 the court and in the Settlement and Release Agreement attached thereto as Exhibit A 8 is approved; 9 2. The Parties and the Special Master shall exchange the signed settlement documents Io and otherwise complete the settlement procedures as outlined in the Stipulation for II Settlement filed with this court. I2 3. Pursuant to the terms of the Stipulation for Settlement filed with this court, the I3 Special Master shall forward all settlement funds he has received from the defendants I4 to the Client Trust Account of Mitchell A. Stevens. I5 I6 I7 I8 I9 20 21 22 4. Further periodic payments pursuant to the Stipulation for Settlement shall be made directly to the Client Trust Account of Mitchell A. Stevens. 5. The Status Conference currently scheduled for December 9, 2011, is CONTINUED to Dated: November _ ,1:30 p.m. to allow for the conclusion of the settlement and the filing By: January 6, 2012, at 2011 of a Stipulation for Dismissal. The parties shall Edward Davila Statement updating the file a brief Joint District Court Judge court on the progress of the settlement on or before December 30, 2011, unless a Stipulation for Dismissal is filed prior to that date. IT IS SO ORDERED. DATED: December 2, 2011 ___________________________ EDWARD J. DAVILA United States District Judge 23 24 25 26 27 28 2 ORDER APPROVING SETTLEMENT

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