Cruz v. JSJ-SC Project Inc., No. 5:2009cv04296 - Document 46 (N.D. Cal. 2010)

Court Description: ORDER CONTINUING FINAL FAIRNESS HEARING. Stipulation to appear by telephone for the 12/13/2010 hearing is found as moot re 44 Stipulation. In light of the parties' failure to timely file a final Settlement Agreement and failure to file a Settl ement Agreement that incorporates the approved release language, the Court finds that it cannot conduct the Final Fairness Hearing as scheduled for December 13, 2010. Accordingly, the Court CONTINUES the December 13 Final Fairness Hearing to December 20, 2010 at 9 a.m. On or before December 13, 2010, the parties shall file a final Settlement Agreement that incorporates the release language approved by the Court in its November 3 Order as well as a Proposed Final Judgment. Failure to timely file the required documents consistent with the Court's Orders will result in sanctions as to both parties. Signed by Judge James Ware on 12/9/2010. (ecg, COURT STAFF) (Filed on 12/9/2010)