SWECO Products, Inc. v. Sutter Equipment Company, Inc.

Filing 10

ORDER signed by Judge Kimberly J. Mueller on 1/10/2012 ORDERING that on 12/20/2011, the court ordered defendant's counsel to show cause, within fourteen days, why sanctions should not be imposed against him or his client for failure to file a re sponsive pleading. (ECF 8 .) Plaintiff voluntarily dismissed this case on 12/22/2011. (ECF 9 .) Reading between the lines, as it should not have to do, the court gathers that plaintiff did not file the dismissal as promptly as defense counsel anticipated. The best practice would have been to advise the court once the deadline passed for responding to the complaint. Nevertheless, in light of dismissal of the case, the 8 order to show cause is DISCHARGED. (Zignago, K.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SWECO PRODUCTS, INC., Plaintiff, 11 12 13 14 vs. SUTTER EQUIPMENT COMPANY, INC., Defendant. ORDER / 15 16 No. CIV S-11-2211 KJM-EFB On December 20, 2011, the court ordered defendant’s counsel to show cause, 17 within fourteen days, why sanctions should not be imposed against him or his client for failure to 18 file a responsive pleading. (ECF 8.) Plaintiff voluntarily dismissed this case on December 22, 19 2011. (ECF 9.) Reading between the lines, as it should not have to do, the court gathers that 20 plaintiff did not file the dismissal as promptly as defense counsel anticipated. The best practice 21 would have been to advise the court once the deadline passed for responding to the complaint. 22 Nevertheless, in light of dismissal of the case, the order to show cause is discharged. 23 DATED: January 10, 2012. 24 25 UNITED STATES DISTRICT JUDGE 26 1

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