Vincent McLaughlin et al v. Owens et al

Filing 56

ORDER CONTINUING 9/14/2012 SHOW CAUSE HEARING re 55 Response to Order to Show Cause. Joint Statement or Stipulated Dismissal due by 9/28/2012. Order to Show Cause Hearing set for 10/5/2012 09:00 AM in Courtroom 4, 5th Floor San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 9/11/2012. (ecg, COURT STAFF) (Filed on 9/11/2012)

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JOSEPH A. CREITZ (SBN: 169552)
The Law Office of Joseph A. Creitz, P.C.
22 Battery Street, Suite 1000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

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ESTATE OF VINCENT MCLAUGHLIN
and RAQUEL MCLAUGHLIN-RAY
Plaintiffs,
vs.

CASE NO. CV11-02287 EJD
JOINT RESPONSE TO ORDER TO
SHOW CAUSE (Dkt. Entry 54) and
[proposed] ORDER
[Standing Order I.B.]

TERRI OWEN, et al.
Defendants.

Prelim. Pretrial Conf. Date: August 17,
2012

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On August 8, 2012, this Court issued an ORDER TO SHOW CAUSE RE:

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SETTLEMENT (Dkt. Entry 54), requiring the parties to file a joint statement or a

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stipulated dismissal no later than September 7, 2012, and otherwise to appear before

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the court at 9:00 a.m. on September 14, 2012, to show cause why the case should not

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be dismissed pursuant to Federal Rule of Civil Procedure 41(b).
Because of the large number of attorneys and parties involved, and various
unavailabilities of counsel during the four weeks since the Court issued its Order to

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JOINT RESPONSE TO ORDER TO SHOW CAUSE and [proposed] ORDER

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Show Cause, the parties have not yet executed the settlement agreement. Therefore,
the Court should not yet dismiss the case.

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However, as of the date of filing hereof, all counsel have finalized the terms

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of the written settlement agreement. It is expected that the agreement can be

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circulated to the parties for final execution immediately.

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Therefore, the undersigned jointly request that the Court continue the dates

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set in its prior Order to Show Cause by 21 days in order that the parties and their

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counsel can execute the finalized settlement agreement and thereafter prepare and

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submit a stipulated dismissal.

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Dated: September 7, 2012

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THE LAW OFFICE OF JOSEPH A. CREITZ,
P.C.

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/s/ Joseph A. Creitz
Joseph A. Creitz
Attorneys for Plaintiffs

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Dated: September 7, 2012

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LAW OFFICE MICHAEL MARQUEZ
/s/ Michael Marquez
Michael Marquez
Attorneys for Plaintiffs

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Dated: September 7, 2012

GORDON & REES LLP

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/s/ Jordan Altura
Jordan S. Altura
Attorneys for Defendant
Aetna Life Insurance Company
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JOINT RESPONSE TO ORDER TO SHOW CAUSE and [proposed] ORDER

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Dated: September 7, 2012

CASAS, RILEY, & SIMONIAN

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/s/ Gregory C. Simonian
Gregory C. Simonian
Valerie S. Higgins
Attorneys for Defendant
Media News Group

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Dated: September 7, 2012

LAW OFFICE OF SANDRA DEMENT
/s/ Sandra Dement
Sandra Dement
Attorneys for Defendant
Terri Owen

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JOINT RESPONSE TO ORDER TO SHOW CAUSE and [proposed] ORDER

[proposed] ORDER

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Upon the joint request of all parties, and good cause appearing, the September
14, 2012 hearing on the Order to Show Cause previously set by this court is
continued by 21 days, to October 5, 2012, at 9:00 AM in Courtroom No. 4, 5th Floor

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United States District Court, 280 South First Street, San Jose, California, 95113. On

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or before September 28, 2012, the parties shall file another joint statement in

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response to the Court’s Order to Show Cause (Dkt. Entry 54) setting forth the status

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of settlement efforts as well as the amount of additional time necessary to finalize

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and file a dismissal. The Order to Show Cause will be automatically vacated and the

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parties relieved of the obligation to file a joint statement if a stipulated dismissal

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pursuant to Federal Rule of Civil Procedure 41(a) is filed on or before September 28,

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2012.

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IT IS SO ORDERED

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Dated: September 11, 2012

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United States District Judge

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JOINT RESPONSE TO ORDER TO SHOW CAUSE and [proposed] ORDER