Dillon v. Murphy & Hourihane

Filing 74

ORDER GRANTING STIPULATED BRIEFING SCHEDULE ON MOTION TO APPROVE SETTLEMENT. Signed by Judge Beth Labson Freeman. (blflc2S, COURT STAFF) (Filed on 6/3/2016)

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Robert L. Brace, SBN 122240
115 East Islay Street
Santa Barbara, CA 93101
Telephone: [phone]
Cell: [phone]
Email: [e-mail]
Attorney for Thomas Dillon, as Court-Appointed
Receiver for Vesta Strategies, LLC
and Excalibur 1031 Group, LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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THOMAS DILLON, as Court-Appointed
Receiver for Vesta Strategies, LLC

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Case No.: 5:14-cv-1908-BLF
STIPULATED BRIEFING SCHEDULE ON
MOTION TO APPROVE SETTLEMENT
WITH MURPHY & HOURIHANE, LLC ;
PROPOSED ORDER

Plaintiff,
vs.
MURPHY & HOURIHANE, an Illinois LLC
Defendant

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STIPULATED BRIEFING SCHEDULE

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The parties have settled the case pursuant to a confidential settlement agreement,
subject to approval by the court. A hearing to approve the settlement is currently set
for June 30, 2016 at 9 AM in Court Room 3 on the 5th Floor of the court house.
Thomas A. Dillon (“Dillon”), as the Receiver for Vesta Strategies, LLC (“Vesta”)
filed his Motion and Memorandum to Approve the Settlement (Dkt.72-1) along with his

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STIPULATED BRIEFING SCHEDULE ON MOTION TO APPROVE SETTLEMENT WITH M&H
Case No. 5:14-cv-1908-BLF

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Declaration in Support (Dkt.72-2). The confidential Settlement Agreement was

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submitted to the Court for in camera inspection on May 9, 2016.

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Dillon’s counsel transmitted a copy of the Motion (Dkt 72), his Memorandum

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(Dkt.72-1) and Dillon’s Declaration (Dkt.72-2), along with a copy of the Court’s Orders

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directing that the Settlement Agreement remain confidential (Dkts.70 and 71) to all

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known exchangers with unfunded exchanges, except Christina Pappas who is

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deceased, and to potential subrogees. As to those exchangers and subrogees who

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agreed to be bound to the Order of Confidentiality, Dillon’s counsel then transmitted to

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them a copy of the confidential Settlement Agreement.

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The parties hereby stipulate that any Opposition to the Motion to Approve the

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Settlement shall be filed by June 10, 2016 and any reply to any Opposition to the

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Motion to Approve the Settlement Agreement shall be filed by June 24, 2016. The

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hearing on the Motion shall be on June 30, 2016 at 9 AM as previously ordered.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: May 27, 2016

_______//s//___________________
Robert L. Brace
Attorney for Plaintiff

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GORDON & REES, LLP

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DATED: May 27, 2016

________//s//____________________
Craig J. Mariam
Attorneys for Defendant

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STIPULATED BRIEFING SCHEDULE ON MOTION TO APPROVE SETTLEMENT WITH M&H
Case No. 5:14-cv-1908-BLF

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ORDER ON STIPULATION OF BRIEFING SCHEDULE

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Any Opposition to the Motion to Approve the Settlement between Thomas A. Dillon,

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as the Receiver for Vesta and Murphy & Hourihane, LLC shall be filed by June 10,

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2016 and any reply to any Opposition to the Motion to Approve the Settlement shall

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be filed by June 24, 2016. The hearing on the Motion to Approve the Settlement shall

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be on June 30, 2016 at 9 AM in the above entitled court located at 280 South 1st

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Street, San Jose, California in Courtroom 3 on the 5th Floor.

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DATED: June 3, 2016

_______________________

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United States District Judge
Honorable Beth Labson Freeman

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STIPULATED BRIEFING SCHEDULE ON MOTION TO APPROVE SETTLEMENT WITH M&H
Case No. 5:14-cv-1908-BLF