The opinion of the court was delivered by: Honorable Susan Illston United States District Judge
STIPULATION AND [PROPOSED] ORDER
WHEREAS Plaintiffs SPPI-Somersville, Inc. and Somersville-Gentry, Inc. ("Plaintiffs") and defendant City of Antioch ("Antioch") have reached a settlement of all claims in this action;
WHEREAS Antioch will be filing a Motion seeking good faith court approval of the settlement, which will be joined by Plaintiffs;
WHEREAS Antioch and Plaintiffs seek to have the Motion heard on shortened time on September 22, 2009;
WHEREAS Antioch and Plaintiffs have filed motions in limine, and have exchanged jury instructions as between them;
1. Each Motion in Limine filed by Antioch is taken off calendar and held in abeyance, without requiring any opposition, unless another party has joined that Motion in Limine. If a Motion in Limine filed by Antioch is joined by another party, such Motion(s) remain set for briefing and hearing under the current schedule previously set by the Court;
2. Antioch is not required to file Oppositions by the current deadline of September 18, 2009, to any Motion in Limine filed by Plaintiffs;
3. Any jury instruction proposed by Antioch is not required to be included in the set of Jury Instructions being jointly submitted by the parties to the Court, unless another party has joined that jury instruction. If a jury instruction proposed by Antioch is joined by another party, it shall be included in the joint submission to the Court.
4. Should the Antioch's Motion for good faith court approval not be granted, the Motions in Limine that were taken off calendar, and the jury instructions that were not included in the joint submission to the court, will be heard and resolved by the Court without prejudice to Antioch or Plaintiffs.
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