Board of Trustees of the Automotive Industries Welfare Fund, Automotive Industries Pension Fund et al v. Gentry
Filing
78
ORDER signed by Magistrate Judge Kendall J. Newman on 6/24/2011. Attorneys James Houpt and Martin Ruano are APPOINTED as limited purpose counsel in this matter. This appointment is for limited purpose of assisting plaintiff in early settlement negoti ations and shall terminate 30 days after completion of Settlement Conference or any continuation of Settlement Conference. Clerk directed to serve copy of this Order upon attorneys James Houpt, Martin Ruano (both @ Orrick Herrington & Sutcliffe), and ADR Coordinator Sujean Park. (cc: Messrs. Houpt and Ruano) (Marciel, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BOARD OF TRUSTEES OF THE
AUTOMOTIVE INDUSTRIES
WELFARE FUND, AUTOMOTIVE
INDUSTRIES PENSION FUND;
JIM BENO, TRUSTEE,
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Plaintiffs,
No. 2:10-cv-03411 FCD KJN PS
v.
NORMAN GENTRY, also known as
NORM GENTRY, individually and
doing business as NORM’S
ELECTRICAL SUPPLY,
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Defendant.
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ORDER
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In an order entered June 15, 2011, this court granted defendant’s motion to
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appoint counsel. (Order, June 15, 2011, Dkt. No. 77.) Counsel willing to accept a limited
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purpose appointment for the purpose of exploring the possibility of settlement have been located
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for defendant.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Attorneys James Houpt and Martin Ruano are appointed as limited-
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purpose counsel in the above-entitled matter. Messrs. Houpt and Ruano have represented that
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they are preparing an engagement letter regarding the provision of services, and their
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appointment as counsel shall be contingent on defendant executing the engagement letter and
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returning it to appointed counsel. Messrs. Houpt and Ruano shall file a written notice with the
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court upon defendant’s satisfactory execution and return of an engagement letter to them.
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2.
This appointment of counsel is for the limited purpose of assisting plaintiff
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in early settlement negotiations and shall terminate thirty days after completion of a settlement
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conference, or any continuation of a settlement conference.
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3.
If the conditions pertaining to the appointment of counsel have been met,
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Mr. Houpt and/or Mr. Ruano shall contact plaintiffs’ counsel to discuss the scheduling of an
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early settlement conference. Once the parties have communicated regarding such a settlement
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conference, they shall contact Courtroom Deputy Matt Caspar at (916) 930-4187 if they desire to
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schedule a settlement conference before the undersigned or another magistrate judge. Plaintiffs
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have already consented to the undersigned acting as the settlement judge and waived any
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resulting disqualifications. (Pls.’ Status Report at 4, Dkt. No. 72.) Defendant has not yet
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provided notice to the court whether he also consents to the undersigned acting as the settlement
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judge and waives any resulting disqualifications. Within 14 days of the successful appointment
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of counsel, defendant shall notify the court in writing whether he consents to the undersigned
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acting as the settlement judge and waives any resulting disqualifications.
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4.
Appointed counsel should contact Sujean Park at (916) 930-4278, or via
email at spark@caed.uscourts.gov, if they have any questions regarding the appointment.
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The Clerk of the Court is directed to serve a copy of this order upon James
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Houpt and Martin Ruano, Orrick Herrington & Sutcliffe LLP, 400 Capitol Mall, Suite 3000,
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Sacramento, California 95814.
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IT IS SO ORDERED.
DATED: June 24, 2011
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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