Henning v. Chirco
Plaintiff: Richard C. Henning
Defendant: Dominic Chirco
Case Number: 5:2013cv00443
Filed: January 31, 2013
Court: US District Court for the Northern District of California
Office: San Jose Office
County: Santa Clara
Presiding Judge: Paul Singh Grewal
Nature of Suit: American with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12101 Americans w/ Disabilities Act (ADA)
Jury Demanded By: Plaintiff
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Date Filed Document Text
September 17, 2014 Opinion or Order Filing 38 ORDER VACATING STATUS CONFERENCE; DIRECTING PLAINTIFF TO SUBMIT PROPOSED JUDGMENT. Having reviewed the parties' joint statement filed on September 17, 2014, the court has determined that a Status Conference is unnecessary at this time. Inde ed, it is apparent the court cannot offer further assistance in securing the payment due under the settlement agreement. Accordingly, the Status Conference scheduled for September 19, 2014, is VACATED. On or before September 24, 2014, Plaintiff shall submit a proposed judgment in an amount consistent with the terms of the settlement agreement for issuance by the court. Signed by Judge Edward J. Davila on 9/17/2014. (ecg, COURT STAFF) (Filed on 9/17/2014)
September 15, 2014 Opinion or Order Filing 36 ORDER DIRECTING PARTIES TO FILE JOINT STATUS CONFERENCE STATEMENT. In preparation for the Status Conference on September 19, 2014, the parties shall file a brief Joint Status Conference Statement on or before 12:00 p.m. on September 17, 2014, whi ch indicates whether or not payment to Plaintiff has been made according to the terms of the settlement agreement. If payment has been made, the parties shall further indicate whether or not this case should be dismissed. If payment has not been made, the parties shall instead explain why payment has not yet occurred Signed by Judge Edward J. Davila on 9/15/2014. (ecg, COURT STAFF) (Filed on 9/15/2014)
July 18, 2014 Opinion or Order Filing 32 ORDER CONTINUING HEARING ON ORDER TO SHOW CAUSE. IT IS ORDERED that Defendant Dominic Chirco, Trustee of the Dominic Chirco 1994 Revocable Trust (Defendant), shall make a payment of $50,000 to Plaintiff in accordance with the Settlement Agre ement executed on November 18, 2013, on or before 5:00 p.m. on July 24, 2014. IT IS FURTHER ORDERED that, should Defendant fail to make payment as ordered above, he and his counsel of record shall personally appear before the Honorable Edward J. Davi la at 10:00 a.m. on July 25, 2014, in Courtroom No. 4, 5th Floor, United States District Court, 280 S. First Street, San Jose, California, 95113, to show cause why the court should not impose any and all appropriate sanctions, including ongoing monetary sanctions, for failure to comply with a court order. Signed by Judge Edward J. Davila on 7/18/2014. (ecg, COURT STAFF) (Filed on 7/18/2014)
May 21, 2014 Opinion or Order Filing 27 ORDER granting 26 Administrative Motion to File Under Seal; granting 21 Motion to Enforce Settlement Agreement. The parties are ordered to appear on 7/18/2014 at 10:00 a.m. to show cause why the case should not be dismissed as contemplated b y the settlement agreement. On or before 7/11/2014, the parties shall file a joint statement setting forth the status of payment due under the settlement agreement and indicating when this case can be dismissed. If payment is not made before 7/18/2 014, Defendant should also be prepared to show cause why the court should not impose any and all appropriate sanctions, including monetary sanctions, for failure to comply. Signed by Judge Edward J. Davila on 5/21/2014. (ejdlc1S, COURT STAFF) (Filed on 5/21/2014)
May 16, 2014 Opinion or Order Filing 25 ORDER DIRECTING PLAINTIFF TO FILE SEALING MOTION. Accordingly, on or before May 21, 2014, Plaintiff shall file a motion to seal both (1) the proposed settlement agreement and (2) the agreement signed by the parties subsequent to the November medi ation. Plaintiff is advised that the motion to seal must comply with Civil Local Rule 79-5(d) and must contain all of the attachments required by that rule. In light of this order and considering the lack of written opposition to the enforcement motion, the hearing scheduled for May 23, 2014, is VACATED and will be reset by the court if necessary. Signed by Judge Edward J. Davila on 5/16/2014. (ecg, COURT STAFF) (Filed on 5/16/2014)
April 1, 2014 Opinion or Order Filing 18 ORDER DISCHARGING ORDER TO SHOW CAUSE; DIRECTING PLAINTIFF TO FILE MOTION TO ENFORCE SETTLEMENT AGREEMENT. Accordingly, the Order to Show Cause re: Settlement (Docket Item No. 16) is DISCHARGED and the corresponding hearing for April 4, 2014, is V ACATED. Plaintiff shall instead file a Motion to Enforce the Settlement Agreement on or before April 18, 2014. Such motion shall be noticed for a hearing at 10:00 a.m. on May 30, 2014 in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 4/1/2014. (ecg, COURT STAFF) (Filed on 4/1/2014)
January 24, 2014 Opinion or Order Filing 16 ORDER TO SHOW CAUSE RE SETTLEMENT. Joint Statement or Stipulated Dismissal due by 3/28/2014. Order to Show Cause Hearing set for 4/4/2014 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. All other pretrial deadlines and hearing dates are VACATED and any pending motions are TERMINATED. Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss the action. Signed by Judge Edward J. Davila on 1/24/2014. (ecg, COURT STAFF) (Filed on 1/24/2014)
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Defendant: Dominic Chirco
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Plaintiff: Richard C. Henning
Represented By: Irene Lenislav Karbelashvili
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