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Vaughn v. Bay Environmental Management Inc.

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


September 16, 2010

JERRY VAUGHN AND THERESA TRAVERS, PLAINTIFFS,
v.
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, 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 Northern District of California

STIPULATION AND [PROPOSED] ORDER CONTINUING FURTHER STATUS CONFERENCE AND HEARING ON MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

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 attended a status conference on September 3, 2010 and reported to the Court that substantial progress had been made in setting forth the complete terms of the settlement in a formal, written agreement, and that they anticipated being able to submit a fully executed settlement agreement to the Court, along with Plaintiffs' papers requesting preliminary approval of the agreement, within two weeks;

WHEREAS, the Court ordered a further status conference and the hearing on Plaintiff's contemplated Motion for Preliminary Approval of the Class Action Settlement be held on September 17, 2010 at 10 a.m.;

WHEREAS, the parties have been working diligently on the formalization of the settlement agreement, but not yet finalized the settlement, as they are working to resolve complex Internal Revenue Code and related issues raised by the distribution of the settlement funds through previously terminated employee pension benefit plans;

WHEREAS, the parties expect to soon resolve all outstanding issues and execute a finalized settlement agreement, and Plaintiffs expect to file an unopposed motion for preliminary approval of the finalized agreement in the near future;

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

That the further status conference and hearing on Plaintiffs' Motion for Preliminary Approval currently set for September 17, 2010 at 10:00 a.m. be continued to November 15, 2010 at 10:00 a.m.

DATE: September 16, 2010

LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. By: Teresa S. Renaker MORGAN, LEWIS & JERRY VAUGHN BOCKIUS LLP and THERESA TRAVERS Attorneys for Plaintiffs

DATE: September 16, 2010

MORGAN LEWIS & BOCKIUS LLP By: 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: September 16, 2010

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: 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: September 16, 2010

By: Nicole A. Diller

[PROPOSED] ORDER

Pursuant to stipulation, the Court hereby ORDERS as follows:

The status conference and hearing on Plaintiffs' Motion for Preliminary Approval currently set for September 17, 2010 at 10:00 a.m. is continued to November 15, 2010 at 10:00 a.m.

IT IS SO ORDERED

20100916

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