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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 8 SUSAN GOLDMAN, Trustee of the Goldman Living Trust U/A/D December 19, 2000, Petitioner, 9 United States District Court For the Northern District of California 10 11 v. JAMES R. GAGNARD, an individual, and MICHELLE GAGNARD, an individual, Defendants. 12 13 ) ) ) ) ) ) ) ) ) ) ) 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, 14 and Defendants’ motion to stay, ECF No. 12. Both motions are set for a hearing on October 27, 15 2011. 16 The Court takes judicial notice that on October 18, 2011, in Gagnard v. Campi Properties, 17 Inc., No. 1 10 CV 167727, the Santa Clara Superior Court dismissed, with prejudice, Defendants’ 18 cause of action seeking a declaration of the amount, if any, that the arbitrator’s award should be 19 offset to take into account the compensation Petitioner has already received in settlement. See ECF 20 No. 30. 21 By 5:00 p.m. on October 24, 2011, Defendants are hereby ORDERED to withdraw their 22 motion to stay as moot or file a statement, limited to 3 pages, explaining why their motion is not 23 moot in light of the Superior Court’s October 18 Order. 24 25 IT IS SO ORDERED. 26 October 24, 2011 _________________________________ LUCY H. KOH United States District Judge 27 28 1 Case No.: 11-CV-3028-LHK ORDER REQUESTING STATUS UPDATE

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