Intrade Industries, Inc. v. Foreign Cargo Management Corporation et al

Filing 42

ORDER Striking Defendants' Answers 38 39 ; ORDER Setting Scheduling Conference signed by Magistrate Judge Gary S. Austin on 1/16/2009. Scheduling Conference set for 3/24/2009 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin.(Esteves, C)

1 2 3 4 5 6 7 8 INTRADE INDUSTRIES, INC., 9 10 Plaintiff, 11 v. 12 13 14 15 16 Defendants. 17 ___________________________________ 18 19 20 21 22 23 24 25 26 27 28 1 On January 14, 2009, a telephonic status conference was held. William Schmidt appeared on behalf of the Plaintiff, Intrade Industries. Lisa L. Meggs appeared on behalf of the Defendants, Foreign Cargo Management Corp., et al. On December 24, 2008, Chief District Court Judge Anthony Ishii denied Defendants' Motion to Dismiss and ordered Plaintiff to serve Defendants with the Complaint. Defendants are not willing to waive service of the Complaint at this time. On December 22, 2008, prior to the denial of the Motion to Dismiss, Defendants filed FOREIGN CARGO MANAGEMENT CORP, et. al., ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:07-cv-1893-AWI GSA

U N IT E D STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

ORDER STRIKING DEFENDANTS' ANSWERS ORDER SETTING SCHEDULING CONFERENCE

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Answers pursuant to this Court's order. (Docs. 38 and 39). Given the current posture of this case, the court will order that Defendants' Answer be stricken. Plaintiff shall serve Defendants with the Complaint pursuant to Judge Ishii's order issued on December 24, 2008. (Doc. 40). A scheduling conference will be held on March 24, 2009 at 9:30 in Courtroom 10. The parties shall file a joint scheduling report one week prior to the scheduling conference and shall e-mail a copy of the report to chambers at [e-mail]. The parties may appear telephonically, however, those arrangements can be made by contacting Carrie Esteves, Courtroom Deputy at 559-499-5962 prior to the conference. The parties shall also notify the court immediately if they are unable to attend the scheduling conference on the scheduled date. Accordingly, the Court orders the following: 1. Defendants' Answers filed on December 23, 2008 and December 24, 2008 respectively (Docs. 38 and 39) are hereby STRICKEN; and 2. A scheduling conference will be held on March 24, 2009 at 9:30 in Courtroom 10 pursuant to the instructions outlined above. IT IS SO ORDERED. Dated: 6i0kij

January 16, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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