L.A. Printex Industries, Inc. v. KMart Holding Corp. et al

Filing 46

MINUTES (IN CHAMTERS) ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO COMPLY WITH COURT ORDER by Judge John F. Walter: The parties have violated the Courts Order by failing to conduct the required Settlement Conference and failing to file any Pre-Trial Documents. As a result of the parties' violations of the Courts Order, this action is DISMISSED without prejudice. (Made JS-6. Case Terminated.) (jp)

PRIORITY SEND

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6
CIVIL MINUTES -- GENERAL
Case No.

CV 10-8886-JFW (FFMx)

Title:

L.A. Printex Industries, Inc. -v- KMart Holding Corp., et al.

Date: February 21, 2012

PRESENT:
HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE
S. Eagle
Courtroom Deputy

None Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS:
None
PROCEEDINGS (IN CHAMBERS):

ATTORNEYS PRESENT FOR DEFENDANTS:
None

ORDER DISMISSING ACTION WITHOUT PREJUDICE
FOR FAILURE TO COMPLY WITH COURT ORDER

Pursuant to the Court’s Scheduling and Case Management Order (“CMO”) filed on July 14,
2011, the parties were ordered to conduct a Settlement Conference on or before November 3,
2011. The parties were also ordered to file a Pre-Trial Conference Order; Memo of Contentions of
Fact and Law; Exhibit List & Exhibit Stipulation; Witness Lists & Summary of Witness Testimony;
Status Report re: Settlement; Agreed Upon Set of Jury Instructions & Verdict Forms; and Joint
Statement re: Disputed Instructions (“Pre-Trial Documents”) by February 9, 2012. The parties
have violated the Court’s Order by failing to conduct the required Settlement Conference and
failing to file any Pre-Trial Documents.
As a result of the parties’ violations of the Court’s Order, this action is DISMISSED without
prejudice. See Federal Rule of Civil Procedure 41(b); see also Yourish v. California Amplifier, 191
F.3d 983, 986-988 (9th Cir. 1999); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992).

IT IS SO ORDERED.

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