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Burns v. SBC Communications

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 6, 2010

SHERRY BURNS, INDIVIDUALLY AND IN HER CAPACITY AS GUARDIAN OF KELLIE A. BURNS AND MATTHEW P. BURNS, PLAINTIFF,
v.
SBC COMMUNICATIONS, INC.; AT&T, INC.; SBC ADVANCED SOLUTIONS, INC.; PACIFIC TELESIS GROUP; FIDELITY INVESTMENTS, INC.; FIDELITY INVESTMENTS INSTITUTIONAL OPERATIONS CO., INC.; METLIFE INVESTORS INSURANCE CO.; METLIFE INVESTORS USA INSURANCE CO.; ACE LIFE INSURANCE CO.; MELLON CORPORATION; ACS CORPORATION; AND DOES 1-10 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

The Court is in receipt of Plaintiff's counsel's Status Report filed December 18, 2009, in which Mr. Babitzke indicates that the minor, Matthew Burns, intends to effectuate settlement of his claims after he turns eighteen on April 26, 2010.

The Court has further reviewed Defendants' Status Report filed on January 6, 2010, in which Defendants confirm that the case has been resolved in its entirety except for Matthew's claim.

Given those representations, the Status Conference set for January 14, 2010 at 2:00 p.m. is hereby vacated.*fn1 The parties are directed to submit a stipulation for dismissal as soon as possible after settlement has been finalized once Matthew reaches majority. Pending final settlement, and as a control measure, a further status conference is set for May 27, 2010 at 2:00 p.m. That conference will be vacated upon dismissal of the case.

IT IS SO ORDERED.


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