J & J Sports Productions, Inc. v. Bailey

Filing 34

ORDER Referring the Matter to the Assigned Magistrate Judge for a Settlement Conference, signed by District Judge Dale A. Drozd on 4/5/2017. (The matter is referred to the assigned Magistrate Judge for the scheduling of a settlement conference some convenient time during August 2017.)(Thorp, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 J & J PRODUCTIONS, INC., 12 13 14 15 16 No. 1:14-cv-01353-DAD-JLT Plaintiff, v. MARK THOMAS BAILEY, d/b/a MADD BAILEYS, ORDER REFERRING THE MATTER TO THE ASSIGNED MAGISTRATE JUDGE FOR A SETTLEMENT CONFERENCE (Doc. Nos. 31, 32, 33) Defendants. 17 18 On November 9, 2016, the court reopened discovery in this matter and denied the parties’ 19 cross-motions for summary judgment without prejudice. (Doc. No. 30.) That order provided that 20 “[l]aw and motion is reopened so that renewed motions for summary judgment may be filed on or 21 before Tuesday, February 7, 2017.” (Id. at 13.) That deadline passed without renewed motions 22 for summary judgment being filed. Accordingly, on March 7, 2017, the court issued an order to 23 show cause as to “why sanctions should not be imposed due [the parties’] failure to file renewed 24 motions for summary judgment.” (Doc. No. 31 at 1.) 25 On that same day, defendant Mark Bailey responded to the order to show cause, reporting 26 that “there was no additional evidence that would have caused a different ruling on a new motion 27 for summary judgment, and therefore in the interest of judicial economy I did not file a redundant 28 motion.” (Doc. No. 32 at 2.) However, defendant also noted that “[he] would be amenable to a 1 1 2 settlement conference if the Court is so inclined.” (Id. at 4.) Likewise, on April 3, 2017, plaintiff J & J Productions, Inc. responded to the order to 3 show cause, stating “because Plaintiff did not have any additional evidence regarding the means 4 by which defendant obtained signal to the September 13, 2014 Program . . . I did not believe that 5 there was any rational hope a further filed summary judgment would be granted.” (Doc. No .33 6 at 2.) However, “Plaintiff and its counsel would welcome a Court ordered settlement conference 7 in August 2017 if counsel for the Parties have by Fourth of July been unsuccessful in formulating 8 settlement amongst themselves on behalf of their clients.” (Id.) 9 Accordingly, based upon the foregoing, 10 1) The March 7, 2017 order to show cause is discharged; 11 2) The matter is referred to the assigned Magistrate Judge for the scheduling of a 12 13 settlement conference some convenient time during August 2017; and 3) If the parties are successful in reaching a resolution of this matter prior to that time, 14 they may file a stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41 15 and the settlement conference will be vacated. 16 17 IT IS SO ORDERED. Dated: April 5, 2017 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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