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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J & J PRODUCTIONS, INC.,

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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.

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On November 9, 2016, the court reopened discovery in this matter and denied the parties’

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cross-motions for summary judgment without prejudice. (Doc. No. 30.) That order provided that

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“[l]aw and motion is reopened so that renewed motions for summary judgment may be filed on or

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before Tuesday, February 7, 2017.” (Id. at 13.) That deadline passed without renewed motions

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for summary judgment being filed. Accordingly, on March 7, 2017, the court issued an order to

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show cause as to “why sanctions should not be imposed due [the parties’] failure to file renewed

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motions for summary judgment.” (Doc. No. 31 at 1.)

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On that same day, defendant Mark Bailey responded to the order to show cause, reporting

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that “there was no additional evidence that would have caused a different ruling on a new motion

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for summary judgment, and therefore in the interest of judicial economy I did not file a redundant

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motion.” (Doc. No. 32 at 2.) However, defendant also noted that “[he] would be amenable to a
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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

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show cause, stating “because Plaintiff did not have any additional evidence regarding the means

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by which defendant obtained signal to the September 13, 2014 Program . . . I did not believe that

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there was any rational hope a further filed summary judgment would be granted.” (Doc. No .33

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at 2.) However, “Plaintiff and its counsel would welcome a Court ordered settlement conference

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in August 2017 if counsel for the Parties have by Fourth of July been unsuccessful in formulating

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settlement amongst themselves on behalf of their clients.” (Id.)

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Accordingly, based upon the foregoing,

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1) The March 7, 2017 order to show cause is discharged;

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2) The matter is referred to the assigned Magistrate Judge for the scheduling of a

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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,

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they may file a stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41

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and the settlement conference will be vacated.

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IT IS SO ORDERED.
Dated:

April 5, 2017
UNITED STATES DISTRICT JUDGE

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