CRS Recovery Inc et al v. Laxton et al

Filing 264

ORDER REGARDING DEFENDANT NORTHBAY REAL ESTATE, INC.S 260 MOTION TO DISMISS. Motion Hearing set for 4/25/2012 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 3/23/2012. Motions due by 3/25/2012. Responses due by 3/28/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 3/23/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 CRS RECOVERY, INC., a Virginia corporation; and DALE MAYBERRY, v. 7 9 JOHN LAXTON, aka johnlaxton@gmail.com; and NORTHBAY REAL ESTATE, INC., Defendants. United States District Court For the Northern District of California 10 11 ORDER REGARDING DEFENDANT NORTHBAY REAL ESTATE, INC.’S MOTION TO DISMISS Plaintiffs, 6 8 No. C 06-7093 CW ________________________________/ On June 12, 2007, this Court set the deadline for hearings on 12 dispositive motions in this case as February 28, 2008. See Docket 13 No. 34. After being extended once by the parties’ stipulation, 14 the deadline was extended by Court order to September 4, 2008. 15 Docket Nos. 73, 102. The Clerk issued a notice continuing the 16 hearing to September 18, 2008. Docket No. 147. On September 18, 17 2008, the Court heard the parties’ cross-motions for summary 18 judgment and subsequently granted Plaintiffs’ motion and denied 19 Defendants’ motion. Docket Nos. 168, 170. On appeal, the Ninth 20 Circuit determined that Defendants had raised disputed issues of 21 material fact and reversed in part the Court’s grant of summary 22 judgment to Plaintiffs. Docket No. 203. 23 On July 13, 2010, the Court held an initial case management 24 conference following the remand. On December 6, 2011, the Court 25 held a further case management conference and set a final pretrial 26 conference for April 25, 2012 and a jury trial to start May 7, 27 2012. 28 At neither of those case management conference did the 1 parties request, or the Court grant, an extension of the deadline 2 to hear dispositive motions. 3 On March 20, 2012, Defendant Northbay Real Estate, Inc. filed 4 a motion to dismiss Plaintiffs’ claims pursuant to Federal Rule of 5 Civil Procedure 12(b)(1) and noticed its motion for hearing on 6 April 26, 2012, the day after the final pretrial conference is to 7 be held. 8 and has not offered good cause to modify the scheduling order 9 under Rule 16(b). Defendant has not sought the Court’s permission to do so See Federal Rule of Civil Procedure 16(b)(4) United States District Court For the Northern District of California 10 (“A schedule may be modified only for good cause and with the 11 judge’s consent.”). 12 Accordingly, within two days of the date of this Order, 13 Northbay Real Estate shall file an administrative motion seeking 14 an extension of the deadline to hear a dispositive motion and 15 demonstrating good cause to do so under Rule 16. 16 opposition to Northbay Real Estate’s administrative motion, if 17 any, shall be filed within three days thereafter. 18 Real Estate fails to comply with the terms of this Order, their 19 motion to dismiss will be denied. 20 on the motion to dismiss remains in effect. 21 motion to dismiss shall take place alongside the final pretrial 22 conference on April 25, 2012 at 2:00 p.m. 23 Plaintiffs’ If Northbay The current briefing schedule The hearing on the IT IS SO ORDERED. 24 25 26 Dated: 3/23/2012 CLAUDIA WILKEN United States District Judge 27 28 2