The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
A. PETER RAUSCH, JR. (State Bar No. 127930) LAW OFFICES OF A. PETER RAUSCH, JR. 1930 Tienda Dr., Suite 106 Lodi, California 95242 Telephone: (209) 339-8500 Facsimile: (209) 339-8505 Email: email@example.com Attorneys for Plaintiff, Jack Sandoval
STIPULATION AND [PROPOSED] ORDER REGARDING STATUS OF SETTLEMENT
The parties, by and through their undersigned attorneys of record, hereby respectfully advise the Court that documentation of settlement of this case is ongoing and will not be completed by July 8, 2011. The documentation has been drafted and is currently being revised. The revisions require approval by Defendant's management, which is typically obtained promptly but not immediately. A minor delay also resulted from the Fourth of July extended holiday weekend. At this time the settlement documentation is being finalized and counsel expect to resolve a couple of remaining minor language issues within the next week. Thereafter, the agreement will be circulated for execution.
In addition, even after execution of the agreement, dismissal of the case must await expiration of the statutory time frames within which Plaintiff has the right to consider the agreement (21 days) and withdraw his assent to the settlement (7 days after signing). These time frames are established by section 7(f)(1)(F) of the Age Discrimination in Employment Act.
Accordingly, the parties project the time frame for completion of documentation, expiration of the revocation period and submission of the stipulation for dismissal of the entire action with prejudice, is approximately 45 days or August 22nd, 2011.
Accordingly, the parties respectfully request that the Court modify its Order re: Settlement and Disposition of June 27, 2011 to provide additional time to and including August 22nd, 2011 for the parties to complete the settlement process, and file a stipulation to dismiss the case.
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