United States of America v. Capriotti et al

Filing 98

ORDER signed by Magistrate Judge Stanley A Boone on 2/25/2013 requiring parties to meet and confer and provide a joint statement of undisputed facts re 87 , 92 MOTIONS for SUMMARY JUDGMENT. (Filing Deadline: 3/1/2013). (Lundstrom, T)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

UNITED STATES OF AMERICA,

10
11
12
13

CASE NO. 1:11-cv-00847-SAB

Plaintiff,

ORDER REQUIRING PARTIES TO MEET
AND CONFER AND PROVIDE A JOINT
STATEMENT OF UNDISPUTED FACTS

v.
CHRIS CAPRIOTTI, et al.,

(ECF Nos. 87, 92)

Defendants.
/

14
15

Plaintiff United States of America filed this action on May 23, 2011, against Defendants

16

Chris Capriotti, Carrie Capriotti, State of California Franchise Tax Board, the Chris and Carrie

17

Capriotti Family Trust, and Oakview Trust. On January 18, 2013, Plaintiff and Defendants Oakview

18

Trust and the Chris and Carrie Capriotti Trust filed motions for summary judgment.

19

In the scheduling order issued December 9, 2011, the parties were advised that prior to filing

20

a motion for summary judgment they were to meet and confer. The order requires the moving party

21

to file a joint statement of undisputed facts with the motion for summary judgment. The moving

22

party is required to certify that the parties have met and conferred as set forth in the order or set forth

23

a statement of good cause for the failure to meet and confer. (Scheduling Order 4:8-20.)

24

The Court has reviewed the moving papers of the parties, and neither party has certified that

25

they have met and conferred prior to bringing their motions for summary judgment, nor has a joint

26

statement of undisputed facts been submitted by either party. Accordingly,

27

IT IS HEREBY ORDERED that the parties shall certify that they have met and conferred as

28

required by the scheduling order and shall file a joint statement of undisputed facts by 4:00 p.m. on
1

1

Friday, March 1, 2013. Should the parties fail comply with this order, the hearing date on the

2

motions for summary judgment shall be vacated and a status conference set.

3

IT IS SO ORDERED.

4

Dated:
i1eed4

February 25, 2013
UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2