Infostream Group, Inc. et al v. Paypal, Inc.

Filing 61

ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE JOINT PRETRIAL STATEMENT. Show Cause Response due by 11/6/2013. Signed by Judge Jon S. Tigar on October 30, 2013. (wsn, COURT STAFF) (Filed on 10/30/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 INFOSTREAM GROUP, INC., et al., Case No. 12-cv-00748-JST Plaintiffs, 8 v. 9 10 PAYPAL, INC., Defendant. ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE JOINT PRETRIAL STATEMENT United States District Court Northern District of California 11 12 13 14 NOTICE TO ALL PARTIES OF ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT IMPOSE SANCTIONS: On April 3, 2013, this Court held an initial case management conference in this action and 15 set a case scheduling order that includes a pretrial conference on November 8, 2013, at 2:00 p.m. 16 ECF No. 58. Trial is scheduled to begin on November 18, 2013, at 8:30 a.m. 17 This Court held a case management conference on October 10, 2013, during which the 18 parties informed the Court that they are in the process of working on a settlement agreement. The 19 Court maintained all existing deadlines, including the pretrial conference scheduled for 20 November 8, 2013. ECF No. 60. The Plaintiffs have not filed a notice of settlement or otherwise 21 moved to continue or vacate any deadline. 22 Section B of this Court’s standing order for civil jury trials, available at 23 cand.uscourts.gov/jstorders, required the parties to file a joint pretrial statement and proposed 24 order no later than ten days prior to the pretrial conference, which in this case means by October 25 29, 2013. The parties did not file a pretrial statement. 26 The parties shall file their joint pretrial statement and proposed order forthwith. 27 The parties are also hereby ORDERED TO SHOW CAUSE why the Court should not 28 1 impose monetary sanctions, dismiss this action, or impose other sanctions, for failure to comply 2 with a court order, pursuant to Federal Rule of Civil Procedure 41(b). See Yourish v. California 3 Amplifier, 191 F.3d 983, 986 (9th Cir. 1999). 4 A response to the Order to Show Cause must be filed with seven days of this Order. 5 Failure to respond to this Order will constitute an additional ground for the imposition of 6 7 8 appropriate sanctions, including involuntarily dismissal with prejudice. IT IS SO ORDERED. Dated: October 30, 2013 9 10 United States District Court Northern District of California 11 ______________________________________ JON S. TIGAR United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2