CA Dept Toxic Sub v. Brighton Oil Co, et al

Filing 1202

ORDER signed by Judge Garland E. Burrell, Jr on 4/1/11 ORDERING pltf's motion to strike 1183 Motion to Strike and Motion for Summary Judgment 1191 are DEEMED WITHDRAWN; pltf shall file a motion for entry of default judgment as to dft Sharon L. Stone before the Magistrate Judge within 100 days of the date on which this Order is filed; if pltf fails to timely file the motion, pltf shall show cause in writing no later than 4:00 p.m. on 7/15/11, why this dft should not be dismissed for failure of prosecution. (Carlos, K)

CA Dept Toxic Sub v. Brighton Oil Co, et al

Doc. 1202

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff filed a "Joint VDRP Completion Report" on March 29, 2011, in which it states: "[a] settlement was reached during the mediation, subject to execution and Court approval of a Consent Decree." (ECF No. 1201.) Plaintiff also states that the Consent Decree "will be submitted to the Court for approval within 90 days," which "will resolve the claims in this action, except for the Department's claims against Sharon Stone[.]" Id. The docket indicates that Plaintiff has begun prosecution of a default judgment against Sharon Stone. (ECF Nos. 11881190.) Since Plaintiff represents that the parties involved with the VDRP mediation have reached a conditional settlement, Plaintiff's v. CHARLES V. KESTER, ET AL., Defendants. ________________________________ AND RELATED CROSS-CLAIMS, COUNTERCLAIMS, and THIRD-PARTY ACTIONS ________________________________ CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:02-cv-00018-GEB-GGH ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

pending Motion to Strike Affirmative Defenses (ECF No. 1183) and Motion for Summary Judgment (ECF No. 1191), scheduled for hearing April 18, 2011, are DEEMED WITHDRAWN.

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Dockets.Justia.com

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Further, Plaintiff shall file a motion for entry of default judgment as to Defendant Sharon L. Stone before the Magistrate Judge within one hundred (100) days of the date on which this Order is filed. If Plaintiff fails to timely file the motion, Plaintiff shall show cause in writing no later than 4:00 p.m. on July 15, 2011, why this defendant should not be dismissed for failure of prosecution. Dated: April 1, 2011

GARLAND E. BURRELL, JR. United States District Judge

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