Opinion
Mark H. Van Brussel, Jeremy T. Naftel, CAROTHERS DISANTE & FREUDENBERGER LLP, Sacramento, California, Attorneys for Defendants, BURKETT'S POOL PLASTERING, INC., ROBERT BURKETT and MATTHEW WINDORSKI.
Stan S. Mallison, MALLISON & MARTINEZ, Oakland, California, Attorneys for Plaintiffs.
FURTHER STIPULATION TO STAY ACTION; ORDER
TROY L. NUNLEY, District Judge
RECITALS
A. This matter is set to begin trial on August 31, 2015, with a Final Pretrial Conference set for June 18, 2015.
B. Plaintiffs and Defendants ("the parties") filed cross motions for partial summary judgment scheduled to be heard on May 7, 2015.
C. The parties have participated in mediation and have reached a settlement of all claims and issues presented by the above-titled lawsuit.
D. The parties wish to stay all proceedings in this matter pending the finalization of their settlement in writing in order to avoid spending the Court's time and their own on motions, hearings and deadlines that will be rendered moot once the settlement is consummated. The court previously took the parties' cross motions for partial summary judgment, set for May 7, 2015 hearing, off calendar and ordered this case stayed until May 13, 2015 (Doc. 98).
E. Additional time is needed to complete the settlement given the multitude of parties and complexity of issues.
STIPULATION
NOW, THEREFORE, in consideration of the foregoing, the parties hereby stipulate to the following:
1. That all proceedings in this matter shall continue to be stayed;
2. That the parties will devote their efforts to finalizing settlement;
3. That the parties' cross motions for partial summary judgment will remain off calendar;
4. That the parties shall finalize their settlement and shall, by May 30, 2015, file with the Court a stipulation to dismiss the action;
5. That if the parties do not, by May 30, 2015, file a stipulation of dismissal or a stipulation for further extension of the stay, then the Court may lift the stay and restore the matter to the status quo ante;
6. That if the stay is lifted, the parties' cross motions for partial summary judgment shall be restored to the Court's calendar and set for hearing for a date in mid to late June 2015.
7. That Defendants preserve all objections to the timeliness of Plaintiffs' motion for partial summary judgment and to the timeliness of Plaintiffs' opposition to Defendants' motion for partial summary judgment.
IT IS SO ORDERED.