Colorado Boat Broker, Inc. v. Brendel

Filing 42

ORDER to Deny Dismissal, signed by District Judge Lawrence J. O'Neill on 9/4/12. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COLORADO BOAT BROKER,
INC,

CASE NO. CV F 11-1457 LJO SKO

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Plaintiff,
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ORDER TO DENY DISMISSAL
(Doc. 40.)

vs.
MIKE BRENDEL,

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Defendant.
/

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This Court has devoted inordinate time and resources to monitor settlement of this action. This

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Court is required to devote more time and resources given the parties’ failure to file proper papers to

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dismiss this action.

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Plaintiff filed an August 31, 2012 document (“August 31 document”) to attempt to dismiss this

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action and which fails to comply with this Court’s August 10, 2012 order. The August 31 document

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fails to comply with F.R.Civ.P. 41(a)(1)(A)(ii), which requires a stipulation signed by defendants who

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have answered or filed a summary judgment motion. The August 31 document is plaintiff’s attempt to

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unilaterally dismiss this action, and lacks the necessary signature of defense counsel. As such, this Court

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DENIES dismissal of this action in the absence of compliance with F.R.Civ.P. 41(a)(1)(A)(ii). This

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Court ORDERS the parties, no later than September 10, 2012, to file either: (a) a stipulation which

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satisfies F.R.Civ.P. 41(a)(1)(A)(ii) and a proposed order to dismiss this action in its entirety; or (b)

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papers to show good cause why the parties have failed to comply with F.R.Civ.P. 41(a)(1)(A)(ii).
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This Court ADMONISHES counsel to obey the Federal Rules of Civil Procedure and this

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Court’s Local Rules and orders. This Court FURTHER ADMONISHES counsel that failure to comply

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with this order in the absence of good cause will result in imposition of sanctions, including monetary

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sanctions and/or dismissal of this action with or without prejudice. As it stands, this Court contemplates

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to sanction each party and/or its counsel a minimum of $1,000 if the parties fail to satisfy this order.

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IT IS SO ORDERED.
Dated:
66h44d

September 4, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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