Fafco, Inc. v. Energy Laboratories, Inc. et al

Filing 85

ORDER CONTINUING ORDER TO SHOW CAUSE RE SETTLEMENT. Order to Show Cause Hearing set for 11/1/2010 09:00 AM. Stipulated Dismissal due by 10/27/2010. Signed by Judge James Ware on 9/16/2010. (ecg, COURT STAFF) (Filed on 9/16/2010)

Fafco, Inc. v. Energy Laboratories, Inc. et al

Doc. 85

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LAW CORPORATION

Charles L. Post, State Bar No. 160443 James Kachmar, State Bar No. 216781

weintraub genshlea chediak
a law corporation

400 Capitol Mall, 11th Floor Sacramento, California 95814 [phone] ­ Main [phone] ­ Facsimile Attorneys for Plaintiff FAFCO, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FAFCO, Inc., a California corporation, Plaintiff, vs. ENERGY LABORATORIES, INC. (a/k/a ENERGY LABS, INC.), a Florida Corporation; SCOTT CZEWSKI, an Individual; and DOES 1 through 20, inclusive, Defendants,

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Case No. C-09-04861 JW ORDER CONTINUINGORDER TO SHOW JOINT STATEMENT RE: ORDER TO SHOW CAUSE RE SETTLEMENT CAUSE RE: SETTLEMENT Date: September 27, 2010 Time: 9:00 a.m. Courtroom: 8 Complaint Filed: October 13, 2009

Plaintiff FAFCO, Inc. ("FAFCO") and Defendants Energy Laboratories, Inc. ("Energy Labs") and Scott Czewski ("Czewski"), through their respective counsels of record, hereby submit the following joint statement in response to the Court's Order to Show Cause re: Settlement (Dckt. #83) filed August 9, 2010, as follows: The parties mediated this matter before James Gilliland, Esq. on July 26, 2010 and reached an agreement to settle this matter. As agreed to at the mediation, the parties are working to finalize the settlement with a formal written agreement. The parties have exchanged

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Joint Statement Re: OSC Re: Settlement

Dockets.Justia.com

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LAW CORPORATION

several revised drafts of the agreement, but given the complex structure of the settlement have been unable to agree to a final formal settlement agreement at this time. The parties

anticipate that a formal written agreement will be agreed to and signed within the next two weeks. The parties anticipate having a stipulation for dismissal of this action on file with the Court no later than October 8, 2010. Based on the foregoing, the parties respectfully request the Court to continue the hearing on the Order to Show Cause re: Settlement for an additional 30 days to and including October 27, 2010. Respectfully submitted, Dated: September 15, 2010 WEINTRAUB GENSHLEA CHEDIAK By: /s/ - Charles L. Post Charles L. Post

Attorneys for Plaintiff, FAFCO, Inc.

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Dated: September 15, 2010

SMITH, GAMBRELL & RUSSELL, LLP By: /s/ - Patricia J. Hill Patricia J. Hill

Attorneys for Defendant ENERGY LABS, INC.

Dated: September 15, 2010

COLT / WALLERSTEIN LLP By: /s/ - Doug Colt Doug Colt

Attorneys for Defendant SCOTT CZEWSKI IT IS SO ORDERED AS MODIFIED. The Order to Show Cause re Settlement is continued to November 1, 2010 at 9:00 AM. On or before October 27, 2010, the parties shall file a stipulated dismissal pursuant to Federal Rule of Civil Procedure 41(a). Dated: September 16, 2010
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_______________________________________ United States District Judge 2
Joint Statement Re: OSC Re: Settlement