Free Stipulation - District Court of California - California

Case 5:07-cv-04909-JF

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Filed 04/15/2008

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James J. Ciapciak (pro hac vice)` Ciapciak & Associates, P.C. 99 Access Road Norwood, MA 02062 Telephone: (781) 255-7401 Facsimile: (781) 255-7402 E-mail: [email protected] David Rude (SBN 67367) CLARK & RUDE Ten Almaden Blvd., Suite 550 San Jose, CA 95113-2238 Telephone: (408) 971-1099 Facsimile: (408) 971-1133 E-mail: [email protected] Attorneys for Plaintiff METROPOLITAN LIFE INSURANCE COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (San Jose Division) METROPOLITAN LIFE INSURANCE Case No. C 07 4909 JF COMPANY, NOTIFICATION OF SETTLEMENT AND Plaintiff, STIPULATION TO CONTINUE STATUS CONFERENCE 45 DAYS v. LUIS MEDRANO and LISA MEDRANO, INDIVIDUALLY and AS THE ADMINISTRATORS OF THE ESTATE OF VM, Defendants. AND RELATED CROSS-CLAIM Current Status Conference Date: April 18, 2008 Time: 10:30 a.m. Judge: Honorable Jeremy Fogel

NOTIFICATION OF SETTLEMENT At the initial case management conference on January 18, 2008, Defendant Luis Medrano was not yet represented by counsel and appeared at the conference in person representing himself. At that time, the court referred the case to early settlement
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NOTIFICATION OF SETTLEMENT AND STIPULATION CASE NO. C 074909 JF

conference with Judge Lloyd and set a status conference for April 18, 2008.
Notif Sett&Stip.doc

Case 5:07-cv-04909-JF

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Thereafter, Defendant Luis Medrano retained Nicholas G. Emanuel as counsel to represent him and Mr. Emanuel filed an Answer to the Complaint and to the Lisa Medrano Cross-Claim on February 28, 2008. Once Mr. Medrano was represented by counsel, all parties agreed to attempt settlement in mediation with JAMS in San Jose, and the Honorable David Garcia (ret.) was selected as Mediator. The case was then mediated with all parties and counsel present on Monday, March 24, 2008. At the conclusion of the mediation, the matter was settled and a "Stipulation for Settlement" Memorandum setting forth the essential terms of the settlement was signed by all parties and their attorneys. That document is now being converted to a more formal settlement document, setting forth the mechanics of securing the settlement payment with residential real estate owned by the Defendants. indications are that the settlement is on track for prompt implementation. STIPULATION TO CONTINUE STATUS CONFERENCE Based upon the above -described fact that the case has been settled and the settlement is in the process of being implemented, the parties hereto, acting by and through their attorneys of record, hereby stipulate and agree that the status conference currently set for April 18, 2008 can and shall be continued at least 45 days to Friday, June 6, 2008 at 10:30 a.m. or to such other time as the Court shall designate. DATED: April 14, 2008 CLARK & RUDE All

By:

/s/ David Rude David Rude Attorneys for Plaintiff METROPOLITAN LIFE INSURANCE COMPAN Y

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NOTIFICATION OF SETTLEMENT AND STIPULATION CASE NO. C 074909 JF

Notif Sett&Stip.doc

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DATED: April 14, 2008

THE LAW OFFICE OF NICHOLAS G. EMANUEL

By:
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/s/ Nicholas G. Emanuel Nicholas G. Emanuel Attorney for Defendant LUIS MEDRANO

DATED: April 15, 2008
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TENENBAUM, CROWLEY & BRERETON

By:
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NOTIFICATION OF SETTLEMENT AND STIPULATION CASE NO. C 074909 JF

/s/ Brad C. Brereton Brad C. Brereton Attorneys for Defendant LISA MEDRANO

Notif Sett&Stip.doc