Cruz v. JSJ-SC Project Inc.

Filing 27

ORDER ORDER SETTING HEARING ON APPROVAL OF SETTLEMENT UNDER THE FLSA. In light of the settlement, the Court VACATES all trial and pretrial dates. In light of the settlement, the Court VACATES all trial and pretrial dates. The Court DENIES as moot Pla intiff's Motion to Certify an FLSA Opt-in Class currently set for hearing on December 13, 2010. ***Hearing/Deadlines terminated, Motions terminated: 21 MOTION to Certify Class FLSA OPT-IN CLASS ONLY. ***Set/Reset Deadlines/Hearings: Joi nt Motion for Approval and Proposed Judgment due by 10/22/2010. Motion Hearing set for 11/1/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Failure to timely comply with this Order will warrant dismissal for lack of prosecution pursuant to Fed. R. Civ. P. 41(b). Signed by Judge James Ware on 9/23/2010. (ecg, COURT STAFF) (Filed on 9/24/2010)

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Cruz v. JSJ-SC Project Inc. Doc. 27 1 2 3 4 5 6 7 8 9 10 Emilia Cruz, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-04296 JW ORDER SETTING HEARING ON APPROVAL OF SETTLEMENT UNDER THE FLSA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JSJ-SC Project Inc., Defendant. / On September 22, 2010, the Court received a Certification of Mediation from Mediator James Neble indicating that the above entitled case has settled in full. (Docket Item No. 26.) In light of the settlement, the Court VACATES all trial and pretrial dates. The Court DENIES as moot Plaintiff's Motion to Certify an FLSA Opt-in Class currently set for hearing on December 13, 2010. (Docket Item Nos. 21, 24.) The Court sets November 1, 2010 at 9 a.m. as a hearing date for Approval of Settlement pursuant to the FLSA. On or before October 22, 2010, the parties shall file their Joint Motion for Approval and Proposed Judgment. Failure to timely comply with this Order will warrant dismissal for lack of prosecution pursuant to Fed. R. Civ. P. 41(b). Dated: September 23, 2010 JAMES WARE United States District Judge Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Bryan King Sheldon bryan.sheldon@limruger.com James Dal Bon jdblaw@earthlink.net Julie Kwun julie.kwun@limruger.com Tomas Eduardo Margain margainlaw@hotmail.com Dated: September 23, 2010 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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