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William Errico, et al v. Pacific Capital Bank

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


June 16, 2011

WILLIAM ERRICO, ET AL.,
PLAINTIFFS,
v.
PACIFIC CAPITAL BANK, N.A., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER SEEKING CLARIFICATION REGARDING STATUS OF SETTLEMENT

On May 11, 2011, the parties filed a status report notifying the Court that they had reached a settlement. See May 11, 2011 Joint Status Report [dkt. #62]. The parties represented that they 19 anticipated filing a stipulation of dismissal with prejudice within thirty days from May 11, 2011.

See id. In light of the settlement and anticipated stipulation of dismissal with prejudice, the Court 21 continued the May 19, 2011 case management conference to June 22, 2011 at 2:00 p.m. 22

On June 15, 2011, the parties submitted a supplemental status report, informing the Court that the "settlement agreement has been approved and is with Defendant's counsel for final 24 approval." See June 15, 2011 Status Report [dkt. #64]. The parties, again, anticipate filing a 25 stipulation of dismissal within thirty days. However, the parties also note that many events must 26 occur before a stipulation of dismissal will be filed in this case and that a dismissal review hearing 27 is scheduled in the Stanislaus County Superior Court for September 9, 2011 in Defendants' 28 foreclosure action.

By Monday, June 20, 2011 at 1:00 p.m., the parties shall file a joint status report informing the Court of: (1) the date the settlement agreement will be executed; (2) the date the 3 settlement amount will be paid; and (3) the date upon which they will file the stipulation of 4 dismissal in this action. The parties should note that the case schedule deadlines remain in effect 5 pending their stipulation of dismissal.

IT IS SO ORDERED.

20110616

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