Errico et al v. Pacific Capital Bank, N.A., et al

Filing 65

ORDER Seeking Clarification re 64 Status Report. Signed by Judge Koh on 6/16/2011. (lhklc3, COURT STAFF) (Filed on 6/16/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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WILLIAM ERRICO, ET AL.,
Plaintiffs,
v.
PACIFIC CAPITAL BANK, N.A., ET AL.,

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Defendants.

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Case No.: 09-CV-04072-LHK
ORDER SEEKING CLARIFICATION
REGARDING STATUS OF
SETTLEMENT

On May 11, 2011, the parties filed a status report notifying the Court that they had reached

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a settlement. See May 11, 2011 Joint Status Report [dkt. #62]. The parties represented that they

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anticipated filing a stipulation of dismissal with prejudice within thirty days from May 11, 2011.

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See id. In light of the settlement and anticipated stipulation of dismissal with prejudice, the Court

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continued the May 19, 2011 case management conference to June 22, 2011 at 2:00 p.m.

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On June 15, 2011, the parties submitted a supplemental status report, informing the Court

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that the “settlement agreement has been approved and is with Defendant’s counsel for final

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approval.” See June 15, 2011 Status Report [dkt. #64]. The parties, again, anticipate filing a

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stipulation of dismissal within thirty days. However, the parties also note that many events must

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occur before a stipulation of dismissal will be filed in this case and that a dismissal review hearing

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is scheduled in the Stanislaus County Superior Court for September 9, 2011 in Defendants’

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foreclosure action.
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Case No.: 09-CV-04072-LHK
ORDER SEEKING CLARIFICATION

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By Monday, June 20, 2011 at 1:00 p.m., the parties shall file a joint status report

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informing the Court of: (1) the date the settlement agreement will be executed; (2) the date the

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settlement amount will be paid; and (3) the date upon which they will file the stipulation of

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dismissal in this action. The parties should note that the case schedule deadlines remain in effect

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pending their stipulation of dismissal.

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IT IS SO ORDERED.

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Dated: June 16, 2011

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 09-CV-04072-LHK
ORDER SEEKING CLARIFICATION