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Vaughn v. Bay Environmental Management Settlement Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 24, 2010

JERRY VAUGHN AND THERESA TRAVERS, PLAINTIFFS,
v.
BAY ENVIRONMENTAL MANAGEMENT SETTLEMENT INC., CAESAR NUTI, DENNIS VARNI, MARIO AQUILINO, LOYD BONFANTE SR., JOSEPH DELLA ZOPPA, ESTATE OF RICHARD GRANZELLA SR., EDWARD MENOSSE, PASQUALE PARENTI, FSC SECURITIES CORPORATION, AND JERROLD N. WEINBERG DEFENDANTS. FSC SECURITIES CORPORATION AND JERROLD N. WEINBERG, CROSS-CLAIMANTS,
v.
BAY ENVIRONMENTAL MANAGEMENT INC., ESTATE OF PINA J. BARBIERI, CAESAR NUTI, DENNIS VARNI, CROSS-DEFENDANTS.

The opinion of the court was delivered by: Hon. Samuel Conti United States District Court Judge

STIPULATION AND [PROPOSED] ORDER VACATING HEARING ON MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

WHEREAS, the parties filed a settlement term sheet with the Court on July 30, 2010 (Docket No. 206), which set forth the essential terms on which they have agreed to settle this matter;

WHEREAS, the parties filed a stipulation and proposed order on August 6, 2010 (Docket No. 207), stating that they expected to finalize their settlement agreement in a formal written document no later than August 18, 2010, and that Plaintiffs expected to file their unopposed motion for preliminary approval of the settlement no later than August 20, 2010;

WHEREAS, the parties' August 6, 2010 stipulation requested that the hearing on the motion for preliminary approval be set for September 3, 2010, at 10:00 a.m.;

WHEREAS, the Court approved the parties' stipulation on August 9, 2010 (Docket No. 208), vacating all prior dates set on the Court's calendar and setting the hearing on the motion for preliminary approval for September 3, 2010;

WHEREAS, the parties have been working diligently on the formalization of the settlement agreement, but have been unable to finalize the settlement as of this time;

WHEREAS, the parties expect to execute a finalized settlement agreement in the near future, with Plaintiffs filing an unopposed motion for preliminary approval of that agreement;

NOW, THEREFORE, the parties stipulate, and respectfully request the Court to order, as follows:

1. That the September 3, 2010 hearing date be vacated; and

2. That the parties submit a status report to the Court in two weeks, if the settlement and Plaintiffs' motion for preliminary approval has not been filed by that time.

DATE: August 20, 2010

MORGAN LEWIS & BOCKIUS LLP

Nicole A. Diller Attorneys for Defendants

BAY ENVIRONMENTAL MANAGEMENT INC., CAESAR NUTI, DENNIS VARNI, MARIO AQUILINO, LOYD BONFANTE SR., JOSEPH DELLA ZOPPA, ESTATE OF RICHARD GRANZELLA SR., EDWARD MENOSSE, PASQUALE PARENTI, AND THE ESTATE OF PINA J. BARBIERI

DATE: August 20, 2010

LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C.

Teresa S. Renaker Attorneys for Plaintiffs JERRY VAUGHN and THERESA TRAVERS

DATE: August 20, 2010

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

Bernard Gehlhar Emily Wood Attorneys for Co-Defendants FSC SECURITIES CORPORATION and JERROLD N. WEINBERG

ATTESTATION

Pursuant to General Order 45(X), I attest that concurrence in the filing of this document has been obtained from each of the other signatories.

Dated: August 20, 2010

Nicole A. Diller

[PROPOSED] ORDER

Pursuant to stipulation, the Court hereby ORDERS as follows:

1. The hearing set for September 3, 2010 at 10:00 a.m. on the motion for preliminary approval of the class action settlement in this matter is vacated.

2. The parties are ordered to submit a status report in this matter on September 3, 2010 if no motion for preliminary approval of a settlement has been filed by that date.

20100824

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