Lowther v. Exel Global Logistrics Retirement Plan et al

Filing 16

ORDER TO SHOW CAUSE Why Settlement Has Not Been Paid: Order to Show Cause Hearing set for 5/20/2011 01:30 PM. Signed by Judge Ronald M. Whyte on 5/6/11. (jg, COURT STAFF) (Filed on 5/6/2011)

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*E-FILED - 5/6/11*
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ROGER LOWTHER, an individual,

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Case No. C-11-00350-RMW

Plaintiff,
ORDER TO SHOW CAUSE WHY
SETTLEMENT HAS NOT BEEN PAID

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vs.

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EXEL GLOBAL LOGISTICS RETIREMENT
PLAN; EXEL GLOBAL LOGISTICS, INC.,
DPWN HOLDINGS (USA), INC.; and
EMPLOYEE BENEFITS COMMITTEE OF
DPWN HOLDINGS (USA), INC.,

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Defendants.

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Defendants represented in the Joint Case Management Conference Statement filed May 2,

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2011 and at the conference on May 6, 2011 that the parties' dispute was settled by the settlement

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reached in Action No. C-09-03320. Plaintiff does not disagree and he dismissed Action No. C-09-

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03320 on December 7, 2010 on the basis of that settlement. However, defendants have not paid the

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settlement. Therefore,

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IT IS HEREBY ORDERED that a principal of defendants with full authority to authorize and

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make payment of the settlement personally appear on May 20, 2011 at 1:30 p.m. and show cause as

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to why the settlement has not been paid. If the settlement is paid by Defendants in full by cashier's

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check or similar payment delivered to plaintiff's counsel before May 20, 2011, this order to show
ORDER TO SHOW CAUSE WHY SETTLEMENT HAS NOT BEEN PAID
CASE NO. C-11-00350-RMW

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cause will be vacated and Action No. C-09-03320 and this action will be dismissed with prejudice as

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promised by plaintiff.

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A failure to comply with this order may subject defendants to sanctions and contempt of

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court.

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DATED:

May 6, 2011

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______________________________________
RONALD M. WHYTE
United States District Judge

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ORDER TO SHOW CAUSE WHY SETTLEMENT HAS NOT BEEN PAID
CASE NO. C-11-00350-RMW
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Copy of Order E-Filed to Counsel of Record:

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ORDER TO SHOW CAUSE WHY SETTLEMENT HAS NOT BEEN PAID
CASE NO. C-11-00350-RMW
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