Free Notice of Settlement - District Court of Arizona - Arizona

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CHERI L. McCRACKEN AZ Bar No. 6111 2402 North 24th Street Phoenix, Arizona 85008-1804 Telephone (602) 231-0595 FAX (602) 231-0841 Attorney for Plaintiff PAUL K. CHARLTON United States Attorney District of Arizona JAMES C. HAIR, JR. AZ Bar No. 6692 Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Jose Castillo, CIV 02-2043-PHX-DKD Plaintiff, v. Gale A. Norton, Secretary, United States Department of the Interior, Defendant. NOTICE OF SETTLEMENT AND REQUEST THAT CASE BE HELD IN ABEYANCE PENDING PAYMENT OF SETTLEMENT AMOUNT

The parties hereby inform the Court that they settled this case and executed a Stipulation To Compromise Settlement February 22, 2006. The parties also request that the action be held in abeyance pending payment of the Settlement Amount, which is a part of their settlement. That payment requires submission of request for payment documents by the United States' Attorney to the United States Department of the Treasury, Financial Management Service, which will process them and pay the Settlement Amount either by wire transfer of funds to the trust account of plaintiff's attorney or by check mailed to the U.S. Attorney. That process may take six to eight weeks, or longer, following receipt by the Treasury of the request for payment documents. The Court is therefore requested to enter an order holding this case in abeyance and directing that, if a stipulation to dismiss has not been filed by April 21, 2006 or such other date that is suitable to the Court, the parties shall report in writing by that date on the status of the settlement.

Case 2:02-cv-02043-DKD

Document 75

Filed 03/01/2006

Page 1 of 2

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ACCORDINGLY, the parties request that the Court enter an order directing that this case be held in abeyance pending payment of the Settlement Amount. A proposed Order that would enable the Court to grant this request is being lodged with this Notice/Motion for entry in its discretion. Respectfully submitted this 1st day of March, 2006. CHERI L. McCRACKEN PAUL K. CHARLTON United States Attorney District of Arizona s/James C. Hair, Jr. Assistant U.S. Attorney Attorneys for Defendant

s/Cheri L. McCracken Attorney for Plaintiff

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CERTIFICATE OF SERVICE I hereby certify that, on March 1, 2006, I electronically transmitted this Notice/ Request to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice Of Electronic Filing, had copies of the Notice/Request a proposed Order delivered to the Clerk's Office for delivery to Judge Duncan's chambers, and e-mailed the Notice/Request in PDF format and proposed Order in WordPerfect to [email protected]. s/James C. Hair, Jr.

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N:\JHair\_EMPLOYDISCRIM\Castillo\SettleNoticeRequest.wpd

2 Case 2:02-cv-02043-DKD Document 75 Filed 03/01/2006 Page 2 of 2