Newark Group, Inc. v. Dopaco, Inc.

Filing 243

ORDER signed by Judge Garland E. Burrell, Jr on 10/25/11 ORDERING the Plaintiff's motion 241 is DENIED, and the parties' stipulation and proposed order concerning an expedited briefing schedule and hearing date is also DENIED.(Becknal, 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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THE NEWARK GROUP,
Plaintiff,

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v.

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DOPACO, INC.,

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Defendant.
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2:08-cv-02623-GEB-DAD
ORDER DENYING THE NEWARK
GROUP’S MOTION FOR SETTING OF
MANDATORY SETTLEMENT
CONFERENCE

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On October 24, 2011 Plaintiff filed a motion requesting “an

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order setting a mandatory settlement conference for the afternoon of

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November 21, 2011, following the parties’ joint pretrial conference.”

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(ECF No. 241.) Plaintiff also filed a stipulation and proposed order

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which contains an expedited briefing schedule for the motion and allows

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the motion to be heard sooner than what is prescribed in the applicable

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local rule. (ECF No. 242.)
Plaintiff states in its motion: the parties “have been unable

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to

reach

agreement

on

the

particulars

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conference[,]” and apparently have decided to brief whatever issue is

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involved with their disagreement, so that the dispute is resolved soon

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enough for a settlement conference to commence sometime in the afternoon

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of November 21, 2011, after the Final Pretrial Conference is conducted

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on the same date. However, since it is not in accordance with the

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practice of this Court to schedule a settlement conference on the same

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date as the Final Pretrial Conference, the motion will be denied.

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concerning

the

settlement

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Judicial practice in this district is to schedule a settlement

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conference after the Final Pretrial Conference, and during a three month

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period typically existing between the final pretrial conference and

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trial dates. This three month period typically exists so that the chosen

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settlement judge has time to absorb the settlement matter on his or her

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docket,

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conference commences, that judge has had time to read the Final Pretrial

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Order.

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stipulation and proposed order concerning an expedited briefing schedule

with

the

Therefore,

understanding

Plaintiff’s

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Dated:

motion

by

is

the

time

DENIED,

the

and

October 25, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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settlement

the

and hearing date is also DENIED.

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that

parties’