Goldman v. Gagnard et al

Filing 34

ORDER Requesting Status Update. Signed by Judge Lucy H. Koh on 10/24/2011. (lhklc1, COURT STAFF) (Filed on 10/24/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SUSAN GOLDMAN, Trustee of the Goldman
Living Trust U/A/D December 19, 2000,
Petitioner,

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United States District Court
For the Northern District of California

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v.
JAMES R. GAGNARD, an individual, and
MICHELLE GAGNARD, an individual,
Defendants.

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Case No.: 11-CV-3028-LHK

ORDER REQUESTING STATUS
UPDATE

Pending before the Court are Petitioner’s motion to confirm arbitration award, ECF No. 10,

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and Defendants’ motion to stay, ECF No. 12. Both motions are set for a hearing on October 27,

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2011.

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The Court takes judicial notice that on October 18, 2011, in Gagnard v. Campi Properties,

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Inc., No. 1 10 CV 167727, the Santa Clara Superior Court dismissed, with prejudice, Defendants’

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cause of action seeking a declaration of the amount, if any, that the arbitrator’s award should be

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offset to take into account the compensation Petitioner has already received in settlement. See ECF

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No. 30.

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By 5:00 p.m. on October 24, 2011, Defendants are hereby ORDERED to withdraw their

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motion to stay as moot or file a statement, limited to 3 pages, explaining why their motion is not

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moot in light of the Superior Court’s October 18 Order.

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IT IS SO ORDERED.

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October 24, 2011

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LUCY H. KOH
United States District Judge

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Case No.: 11-CV-3028-LHK
ORDER REQUESTING STATUS UPDATE