Morse v. Jetblue Airways Corporation

Filing 22

ORDER CONTINUING ORDER TO SHOW CAUSE HEARING RE SETTLEMENT re 21 Response to Order to Show Cause. Joint Statement or Stipulated Dismissal due 7/13/2010. Order to Show Cause Hearing set for 7/19/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 6/17/2010. (ecg, COURT STAFF) (Filed on 6/17/2010)

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Richard G. Grotch, Esq. - SBN 127713 Alisha A. Beltramo, Esq. - SBN 267423 CO DDING TO N, HICKS & DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, California 94065-2133 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] ATTO RNEYS FOR Defendant JETBLUE AIRWAYS CORPORATION

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C F D IS T IC T O R 6/17/2010

UNITED STATES DISTRICT COURT NO RTH ERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION PATRICE MORSE, Plaintiff, v s. JETBLUE AIRWAYS CORPORATION, and DOES 1 through 50, inclusive, Defendants. ____________________________________/ D a te : June 21, 2010 T im e : 9:00 a.m. C o u r tr o o m : 8 Honorable James Ware United States District Judge No. C 09-2036 JW JOINT RESPONSE TO OSC RE SETTLEMENT

Plaintiff PATRICE MORSE and defendant JETBLUE AIRWAYS CORPORATION respectfully submit the following joint response to the Court's Order to Show Case Re: Settlement (Doc. 20). RESPO NSE TO OSC RE: SETTLEMENT On May 5, 2010, the parties participated in an early settlement conference over which M agistrate Judge Elizabeth D. Laporte presided. The case was settled at the conclusion of that settlement conference. (See Doc. 19). However, as an express condition of the settlement, and as stated on the record memorializing the settlement, it was agreed that defendant would have to and including July 13, 2010 within which to collect, and then disburse to plaintiff, the settlement funds; once disbursed, it was agreed the parties would file a stipulated dismissal with prejudice pursuant to Federal Rule of Civil Procedure 4 1 (a).
Joint Response to OSC Re: Settlement C 09-2036 JW

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At present, defendant's claims lead continues to be in the process of collecting the settlement funds from the participating co-insurers and fully expects to fulfil its agreement to provide plaintiff's counsel with the settlement check on or before the agreed date of July 13, 2010. Because of the need to complete this process, the parties are not in a position to file a stipulated dismissal pursuant to Federal Rule of Civil Procedure 41(a) on June 11, 2010 as requested in the Court's order to show cause re: settlement. (Doc. 20). For these reasons, the parties respectfully request that: (1) the deadline for the filing of a stipulated dismissal pursuant to Federal Rule of Civil

Procedure 41(a) be continued to and including July 13, 2010, and (2) solely if the stipulation for dismissal is not timely filed, the date for the parties to appear

to show cause why the case should not be dismissed pursuant to Fed. R. Civ. P. 41(b), be continued to July 19, 2010 at 9:00 a.m. in Courtroom No. 8, 4th Floor, United States District Court, 280 South First Street, San Jose, California. Dated: June 11, 2010 LAW OFFICE OF ARKADY ITKIN /s/

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CODDINGTON, HICKS & DANFORTH A Professional Corp., Lawyers 5 5 5 Twin Dolphin Drive, #300 R ed w o o d City, CA 94065

Arkady Itkin

Arkady Itkin Attorneys for Plaintiff Patrice Morse CODDINGTON, HICKS & DANFORTH /s/ B y: Richard G. Grotch Attorneys for Defendant JetBlue Airways Corporation

Richard G. Grotch

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Joint Response to OSC Re: Settlement C 09-2036 JW