Tse et al v. County of Santa Clara

Filing 17

STIPULATION AND ORDER GRANTING re 16 STIPULATION Vacating Case Management Order filed by County of Santa Clara. Stipulated Dismissal or Joint Case Management Statement due by 9/30/2012. Further Case Management Conference set for 10/5/2012 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 5/14/2012. (ecg, COURT STAFF) (Filed on 5/14/2012)

1
2
3
4
5

MIGUEL MÁRQUEZ, County Counsel (S.B. #184621)
MELISSA R. KINIYALOCTS, Deputy County Counsel (S.B. #215814)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding Street, East Wing, Ninth Floor
San Jose, California 95110-1770
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
COUNTY OF SANTA CLARA

6
7

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
(San Jose)

8
9
10
11
12
13
14
15

TOM TSE and ANNE CAN, on behalf of
themselves and others similarly situated,

No.

CV11-04458 EJD

NOTICE OF CONDITIONAL
SETTLEMENT, STIPULATION TO
VACATE CASE MANAGEMENT ORDER,
AND [PROPOSED] ORDER VACATING
CASE MANAGEMENT ORDER

Plaintiffs,
v.
COUNTY OF SANTA CLARA, and DOES 125, inclusive,
Defendants.

16
17
18

On May 8, 2012, the parties reached a conditional settlement in which Plaintiffs Tom Tse

19

and Anne Can agreed to an abatement plan for their property and will dismiss this action with

20

prejudice after County staff approves the final grading work and issues a Final Certificate of

21

Occupancy. The parties further agreed that the conditions of the settlement will be resolved no later

22

than September 30, 2012.

23

The parties hereby stipulate that the Court’s January 31, 2012 Case Management Order

24

should be vacated, and a further Case Management Conference held if the parties fail to file a

25

Stipulation of Dismissal before September 30, 2012.

26

//

27

//

28

//
Notice of Conditional Settlement, Stipulation
to Vacate CMC and Proposed Order

1

CV11-04458 EJD

I hereby attest that I have on file all holograph signatures for any signatures indicated by a

1
2

“conformed” signature (/S/) within this efiled document.
MIGUEL MÁRQUEZ
COUNTY COUNSEL

3
4
5

Dated: May 11, 2012

By:

6
7

/S/
.
MELISSA R. KINIYALOCTS
Deputy County Counsel
Attorneys for Defendant
COUNTY OF SANTA CLARA

8
9

PIERCE & SHEARER LLP

10
11

Dated: May 11, 2012

12

By:

/S/
SCOTT A. BERMAN, Esq.

.

Attorneys for Plaintiffs
TOM TSE and ANNE CAN

13
14
15

ORDER

16

The January 31, 2012 Case Management Order is vacated. The parties are to appear for a

17

further Case Management Conference on October 5, 2012. The October 5, 2012 Case Management

18

Conference will be vacated if the parties file a Stipulation of Dismissal before September 30, 2012.

19
20

May 14, 2012
Dated: ___________ _ __________

EDWARD J. DAVILA
United States District Court Judge

21

.

22
23
24
25
26
27
28

580641.DOC

Notice of Conditional Settlement, Stipulation
to Vacate CMC and Proposed Order

2

CV11-04458 EJD