Case: Cannavan v. County of Ventura

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COMPLAINT Receipt No: ACACDC-28792725 - Fee: $400, filed by Plaintiff Patrick Allen Cannavan. (Attorney David S McLane added to party Patrick Allen Cannavan(pty:pla))(McLane, David) (Entered: 10/30/2020)

CIVIL COVER SHEET filed by Plaintiff Patrick Allen Cannavan. (McLane, David) (Entered: 10/30/2020)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Patrick Allen Cannavan. (McLane, David) (Entered: 10/30/2020)

NOTICE of Interested Parties filed by Plaintiff Patrick Allen Cannavan, (McLane, David) (Entered: 10/30/2020)

Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Patrick Allen Cannavan. (Attachments: # 1 Declaration Patrick Cannavan, # 2 Declaration David McLane, # 3 Declaration Brian Vogel, # 4 Proposed Order) (McLane, David) (Entered: 10/30/2020)

1 Declaration Patrick Cannavan

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2 Declaration David McLane

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3 Declaration Brian Vogel

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4 Proposed Order

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Emergency EX PARTE APPLICATION to Certify Class filed by Plaintiff Patrick Allen Cannavan. (Attachments: # 1 Proposed Order) (McLane, David) (Entered: 10/30/2020)

1 Proposed Order

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NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Pedro V. Castillo. (jtil) (Entered: 10/30/2020)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 10/30/2020)

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (jtil) (Entered: 10/30/2020)

MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin: Order Re: Ex Parte Applications for Temporary Restraining Order and Class CertificationHaving reviewed and considered Patrick Allen Cannavans (plaintiff) Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction (Dkt. 5) and Ex Parte Application for Order for Class Certification (Dkt. 6) (collectively, Applications), filed on October 30, 2020, IT IS ORDERED THAT: 1. The County of Ventura and Ventura County Sheriff Bill Ayub (defendants) shall file their briefs in response to the Applications no later than October 31, 2020, at 5:00 p.m. 2. Plaintiff shall file his reply briefs in support of the Applications no later than November 1, 2020, at 3:00 p.m.3. Defendants shall be prepared to distribute forthwith absentee ballots to the putative class members on the morning of November 2, 2020, in the event that the court grants plaintiffs Applications. 4. Plaintiff shall forthwith serve defendants with a copy of this Order via email and personal service. (lc) (Entered: 10/30/2020)

NOTICE OF CLERICAL ERROR ISSUED, SEE DOCUMENT 13, E-FILED ON 10/30/20. MINUTE ORDER (In Chambers) Order Re: Ex Parte Applications for Temporary Restraining Order and Class Certification by Judge Fernando M. Olguin. (bm) Modified on 10/30/2020 (bm). Modified on 11/1/2020 (vdr). (Entered: 10/30/2020)

PROOF OF SERVICE Executed by Plaintiff Patrick Allen Cannavan, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon Breanna Garcia, Sheriff Office Asst. and Lori Key, Deputy Clerk of the Board, County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Vogel, Brian) (Entered: 10/30/2020)

NOTICE OF CLERICAL ERROR: Due to clerical error, the following docket entry has been corrected as indicated below. Re: Minute Order (In Chambers) Order Re: Ex Parte Applications 11 . Other: Document 11 is a duplicate of document 10 . Please disregard. (bm) (Entered: 10/30/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Brian Arnold Vogel counsel for Plaintiff Patrick Allen Cannavan. Adding Brian A. Vogel as counsel of record for Patrick Cannavan for the reason indicated in the G-123 Notice. Filed by Plaintiff Patrick Cannavan. (Vogel, Brian) (Entered: 10/30/2020)

PROOF OF SERVICE filed by Plaintiff Patrick Allen Cannavan, re Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Motion Hearing and R&R Deadlines,,,, 10 served on 10-30-2020. (Vogel, Brian) (Entered: 10/30/2020)

OPPOSITION in opposition re: Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5 filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Attachments: # 1 Declaration DECLARATION OF CECIL ARGUE IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS APPLICATION FOR TEMPORARY RESTRAINING ORDER, # 2 Declaration DECLARATION OF PATRICIA SALAS, IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS APPLICATION FOR TEMPORARY RESTRAINING ORDER)(Attorney Emily T Gardner added to party County of Ventura(pty:dft), Attorney Emily T Gardner added to party Ventura County Sheriff Bill Ayub(pty:dft))(Gardner, Emily) (Entered: 10/31/2020)

1 Declaration DECLARATION OF CECIL ARGUE IN SUPPORT OF DEFENDANTS OPPOSITION TO PL

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2 Declaration DECLARATION OF PATRICIA SALAS, IN SUPPORT OF DEFENDANTS OPPOSITION T

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REPLY Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5, Emergency EX PARTE APPLICATION to Certify Class 6 filed by Plaintiff Patrick Allen Cannavan. (Attachments: # 1 Declaration David S. McLane, # 2 Exhibit A to DM Decl., # 3 Exhibit B to DM Decl., # 4 Exhibit C to DM Decl., # 5 Exhibit D to DM Decl., # 6 Exhibit E to DM Decl., # 7 Exhibit F to DM Decl.)(McLane, David) (Entered: 11/01/2020)

1 Declaration David S. McLane

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2 Exhibit A to DM Decl.

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3 Exhibit B to DM Decl.

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4 Exhibit C to DM Decl.

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5 Exhibit D to DM Decl.

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6 Exhibit E to DM Decl.

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7 Exhibit F to DM Decl.

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SUPPLEMENT Exhibit G in support of Plaintiff's Reply to Oppsition to Ex parte Application for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Patrick Allen Cannavan. (Vogel, Brian) (Entered: 11/01/2020)

SUPPLEMENT Declaration of Patrick Cannavan in Support of Reply to Opposition Ex Parte Application for Temporary Restraining Order and Preliminary Injunction and Exhibits I, J and K filed by Plaintiff Patrick Allen Cannavan. (Attachments: # 1 Exhibit I - Kites, # 2 Exhibit J - Grievance responses, # 3 Exhibit K - Voter registration)(Vogel, Brian) (Entered: 11/01/2020)

MINUTES (IN CHAMBERS) ORDER by Judge Fernando M. Olguin. Plaintiff's Ex Parte Application for Order for [Conditional] Class Certification 6 is granted as set forth in this Order. The court provisionally certifies the following class: All inmates housed at Ventura County Jail as of the date of this Order who are eligible to vote and requested ballots, so they can vote in the 11/3/2020 election. The court provisionally appoints Patrick Allen Cannavan as class representative. The court provisionally appoints David S. McLane of Kaye, McLane, Bednarksi & Litt, LLP and Brian A. Vogel of The Law Offices of Brian A. Vogel, P.C. as class counsel. (vdr) (Entered: 11/01/2020)

MINUTES (IN CHAMBERS) ORDER by Judge Fernando M. Olguin. Plaintiff's Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction 5 is granted in part and denied in part. Plaintiff is granted a temporary restraining order as set in this order. *See order for ruling and deadlines imposed by court.* (vdr) (Entered: 11/01/2020)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration 18, 19 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Motions and Related Filings - Responses/Replies/Other Motion Related Documents - Declaration (Motion related). Title page with caption and case number missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) (Entered: 11/02/2020)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), 14 . The following error(s) was/were found: Blank document. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 11/02/2020)

DEFENDANTS RESPONSE TO COURT ORDERS RE EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND CLASS CERTIFICATION; DECLARATION OF ERIC DOWD re Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5, Emergency EX PARTE APPLICATION to Certify Class 6 filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Attachments: # 1 Declaration Declaration of Assistant Sheriff Eric Dowd)(Gardner, Emily) (Entered: 11/02/2020)

OBJECTIONS TO COUNTYS RESPONSE TO TRO, AND EX PARTE APPLICATION FOR ORDER TO INFORM ELIGIBLE VOTERS NOT JUST REGISTERED VOTERS AND PROVIDE BALLOTS TO ELIGIBLE VOTERS IN ADDITION TO REGISTERED VOTERS re: Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5, Emergency EX PARTE APPLICATION to Certify Class 6 filed by Plaintiff Patrick Allen Cannavan. (Attachments: # 1 Proposed Order)(McLane, David) (Entered: 11/03/2020)

OPPOSITION to Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5, Emergency EX PARTE APPLICATION to Certify Class 6 DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION FOR ORDER TO INFORM ELIGIBLE VOTERS NOT JUST REGISTERED VOTERS AND PROVIDE BALLOTS TO ELIGIBLE VOTERS IN ADDITION TO REGISTERED VOTERS filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Gardner, Emily) (Entered: 11/03/2020)

Notice of Withdrawal of Objection/Opposition (Motion related), 25 filed by Plaintiffs Patrick Allen Cannavan. (McLane, David) (Entered: 11/03/2020)

TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 11/03/2020)

Text Only Scheduling Notice

DECLARATION OF ASSISTANT SHERIFF ERIC DOWD re Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5, Emergency EX PARTE APPLICATION to Certify Class 6 filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Gardner, Emily) (Entered: 11/04/2020)

DECLARATION OF ASSISTANT SHERIFF ERIC DOWD re Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5, Emergency EX PARTE APPLICATION to Certify Class 6 filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gardner, Emily) (Entered: 11/04/2020)

ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub.(Gardner, Emily) (Entered: 11/19/2020)

ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 2/4/2021 at 10:00 AM before Judge Fernando M. Olguin. (vdr) (Entered: 11/20/2020)

NOTICE of Change of Attorney Business or Contact Information: for attorney David S McLane counsel for Plaintiff Patrick Allen Cannavan. Changing Firm Name to McLane, Bednarski & Litt, LLP. Filed by Plaintiff Patrick Allen Cannavan. (McLane, David) (Entered: 12/23/2020)

JOINT REPORT of Rule 26(f) filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Porche, Marina) (Entered: 01/21/2021)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Rule 26 Report 34 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Other Filings - Pretrial and Trial Documents - Joint Report Rule 26(f) Discovery Plan. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) (Entered: 01/22/2021)

SCHEDULING AND CASE MANAGEMENT ORDER by Judge Fernando M. Olguin. The court deems a Scheduling Conference unnecessary and hereby vacates the hearing. *See order for deadlines and requirements imposed.* (vdr) (Entered: 01/26/2021)

ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (vdr) (Entered: 01/26/2021)

ORDER RE: CLASS ACTION & REPRESENTATIVE ACTIONS by Judge Fernando M. Olguin. (vdr) (Entered: 01/26/2021)

Initial Order upon Filing of Complaint - form only

NOTICE OF ERRATA filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. correcting Report 34 Joint Rule 26(f) Report (Porche, Marina) (Entered: 02/02/2021)

Notice of Appearance or Withdrawal of Counsel: for attorney Marina Gatti Porche counsel for Defendants County of Ventura, Ventura County Sheriff Bill Ayub. Adding Marina Porche as counsel of record for County of Ventura; Ventura County Sheriff Bill Ayub for the reason indicated in the G-123 Notice. Filed by defendants County of Ventura, et al.. (Attorney Marina Gatti Porche added to party County of Ventura(pty:dft), Attorney Marina Gatti Porche added to party Ventura County Sheriff Bill Ayub(pty:dft))(Porche, Marina) (Entered: 02/11/2021)

STIPULATION to amend Answer to Complaint (Attorney Civil Case Opening) 31 filed by defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Attachments: # 1 Exhibit Defendants' amended answer to plaintiff's verified class action complaint for injunctive and declaratory relief, # 2 Proposed Order granting stipulation regarding filing of defendants' amended answer)(Porche, Marina) (Entered: 02/23/2021)

ORDER GRANTING STIPULATION 41 REGARDING FILING OF DEFENDANTS' AMENDED ANSWER by Judge Fernando M. Olguin. Defendants may file their amended answer no later than February 26, 2021. (iv) (Entered: 02/24/2021)

AMENDED ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Porche, Marina) (Entered: 02/25/2021)

NOTICE OF MOTION AND MOTION to File First Amended Complaint, NOTICE OF MOTION AND MOTION to Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Patrick Allen Cannavan. Motion set for hearing on 4/29/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Appendix 1 - Redlined Version of Proposed First Amended Complaint, # 2 Appendix 2 - Clean Version of Proposed First Amended Complaint, # 3 Declaration of David S. McLane, # 4 Proposed Order) (McLane, David) (Entered: 03/26/2021)

OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to File First Amended Complaint NOTICE OF MOTION AND MOTION to Complaint (Attorney Civil Case Opening) 1 44 filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Porche, Marina) (Entered: 04/08/2021)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to File First Amended Complaint NOTICE OF MOTION AND MOTION to Complaint (Attorney Civil Case Opening) 1 44 filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Porche, Marina) (Entered: 04/08/2021)

DECLARATION of Tracy Martinez-Aguilar in opposition to NOTICE OF MOTION AND MOTION to File First Amended Complaint NOTICE OF MOTION AND MOTION to Complaint (Attorney Civil Case Opening) 1 44 Plaintiff's Motion for leave to file a first amended complaint filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Porche, Marina) (Entered: 04/08/2021)

NOTICE OF ERRATA filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. correcting Request for Judicial Notice, 46 (Porche, Marina) (Entered: 04/13/2021)

REPLY NOTICE OF MOTION AND MOTION to File First Amended Complaint NOTICE OF MOTION AND MOTION to Complaint (Attorney Civil Case Opening) 1 44 filed by Plaintiff Patrick Allen Cannavan. (McLane, David) (Entered: 04/15/2021)

Objection Plaintiffs; Objection to Defendants' Request for Judicial Notice (Dkt. 46, 48) re: NOTICE OF MOTION AND MOTION to File First Amended Complaint NOTICE OF MOTION AND MOTION to Complaint (Attorney Civil Case Opening) 1 44 filed by Plaintiff Patrick Allen Cannavan. (McLane, David) (Entered: 04/15/2021)

TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Leave 44 is taken off the 4/29/2021 calendar and placed under submission. No appearances are needed on 4/29/2021. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 04/22/2021)

Text Only Scheduling Notice

STIPULATION to Reset Scheduling and Case Management Order Dates filed by Plaintiffs Patrick Allen Cannavan. (Attachments: # 1 Proposed Order)(McLane, David) (Entered: 07/08/2021)

EX PARTE APPLICATION for Order for Emergency Ex Parte Application to 1) Depo 2 More Witnesses than Presumptive 10 Limit; 2) Compel Defendant Sheriff Ayub's Apex Deposition, and 3) Compel the Proposed PMK Depositions filed by Plaintiffs Patrick Allen Cannavan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Declaration E, # 6 Proposed Order) (McLane, David) (Entered: 07/12/2021)

OPPOSITION in opposition re: EX PARTE APPLICATION for Order for Emergency Ex Parte Application to 1) Depo 2 More Witnesses than Presumptive 10 Limit; 2) Compel Defendant Sheriff Ayub's Apex Deposition, and 3) Compel the Proposed PMK Depositions 53 declaration of Marina Porche; Declaration of Tracy Martinez-Aguilar filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Porche, Marina) (Entered: 07/13/2021)

ORDER RE STIPULATION 52 TO MODIFY SCHEDULING AND CASE MANAGEMENT ORDER DATES by Judge Fernando M. Olguin. *See Order for dates and deadlines.* (iv) (Entered: 07/14/2021)

ORDER DENYING PLAINTIFF'S EMERGENCY EX PARTE APPLICATION IN PART AS MOOT AND IN THE REMAINING PART WITHOUT PREJUDICE TO REFILING AS A NOTICED MOTION 53 by Magistrate Judge Pedro V. Castillo. Plaintiffs' request to take additional depositions beyond the presumptive ten-deposition cap is DENIED as MOOT. The request to take the apex deposition of Sheriff Ayub is DENIED on the current record, without prejudice to re-filing as a noticed motion after Plaintiffs attempt to obtain the information sought from Sheriff Ayub from other sources. (see document for further details) (hr) (Entered: 07/16/2021)

ORDER RE: MOTION FOR LEAVE TO FILE AMENDED COMPLAINT by Judge Fernando M. Olguin. Plaintiff's Motion for Leave to File First Amended Complaint 44 is granted. Plaintiff shall, no later than two court days from the filing date of this Order, file his First Amended Complaint. (iv) (Entered: 07/16/2021)

First AMENDED COMPLAINT against Defendants County of Ventura, Ventura County Sheriff Bill Ayub, Cecil Argue, Patricia Salas, Eric Dowd amending Complaint (Attorney Civil Case Opening) 1 JURY DEMAND, filed by Plaintiffs Patrick Allen Cannavan(McLane, David) (Entered: 07/19/2021)

Request for Clerk to Issue Summons on Amended Complaint/Petition, 58 filed by Plaintiffs Patrick Allen Cannavan. (McLane, David) (Entered: 07/19/2021)

21 DAY Summons Issued re Amended Complaint/Petition, 58 as to Defendant Cecil Argue, Eric Dowd, Patricia Salas. (iv) (Entered: 07/20/2021)

Continue

Order

Extending Time to Answer (30 days or less)

Continue

Order

Appearance

Appearance

Appearance

Reset

Order

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SANCTIONS OR DISMISSAL by Judge Fernando M. Olguin.No later than January 18, 2022, the parties shall show cause in writing why sanctions should not be imposed for failure to comply with the Court's Case Management Order and Order of November 29, 2021. (iv)

Response

Amend/Correct

Minutes of In Chambers Order/Directive - no proceeding held

Amend/Correct

Order

Reset

Order

Settlement

ORDER DISMISSING ACTION WITHOUT PREJUDICE by Judge Fernando M. Olguin, Having been advised by counsel that the above-entitled action has been settled, IT IS ORDERED that the above-captioned action is hereby dismissed without costs and without prejudi ce to the right, upon good cause shown within 60 days from the filing date of this Order, to re-open the action if settlement is not consummated. The court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. RE: Notice of Settlement 79 . Case Terminated. Made JS-6. (aco)

Status Report

Generic Text Only Entry

Order

Vacate

Order

Dismiss Case

1 Proposed Order

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Errata

Dismiss Case

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