4Wall Las Vegas, Inc. v. Triebwasser et al

Filing 59

ORDER signed by Magistrate Judge Kendall J. Newman on 6/25/2013 ORDERING 57 Order to Show Cause is DISCHARGED; Settlement Conference set for 7/17/2013 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; in addition to couns el, client representatives for each party with full settlement authority shall be personally present at the settlement conference; parties shall exchange non-confidential settlement statements no later than 7/10/2013; 45 50 Motion Hearings RESET for 8/8/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.(Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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4WALL LAS VEGAS, INC.,

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Plaintiff,

No. 2:12-cv-2746-KJN

vs.
MARK TRIEBWASSER, dba STAGE 1,
INC., et al.,

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Defendants.
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ORDER
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On June 24, 2013, the court issued an order to show cause (“OSC”) why

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defendants’ counsel should not be sanctioned for failure to respond to the court’s prior orders

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regarding potential alternative dispute resolution. (ECF No. 57.)1 Thereafter, on June 25, 2013,

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defendants’ counsel filed a response to the OSC, representing that he had encountered difficulties

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with the electronic filing system and apologizing for his failure to timely respond to the court’s

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orders. (ECF No. 58.) Defendants’ counsel also filed a statement indicating that defendants and

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counterclaimants Mark Triebwasser and Stage 1, Inc. agree to participate in a settlement

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conference before the undersigned, waiving any disqualification by virtue of the undersigned

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All parties consented to the jurisdiction of a United States magistrate judge pursuant to
28 U.S.C. § 636(c) (ECF Nos. 8, 25, 26), and the action was referred to the undersigned for all
further proceedings and entry of final judgment. (ECF No. 27.)
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serving as the trial judge. (ECF No. 58-1.) Plaintiff and the counterdefendants have likewise

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agreed to a settlement conference before the undersigned, also agreeing to waive any

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disqualification by virtue of the undersigned acting as the assigned trial judge. (ECF No. 55.)

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In light of the above, IT IS HEREBY ORDERED that:

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1. The order to show cause (ECF No. 57) is DISCHARGED.

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2. A settlement conference is set for Wednesday July 17, 2013, at 9:00 a.m., in

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Courtroom No. 25 before the undersigned. In addition to counsel, client representatives for each

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party with full settlement authority shall be personally present at the settlement conference. The

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parties are directed to exchange non-confidential settlement conference statements no later than

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July 10, 2013. These statements shall be simultaneously delivered to the court using the

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following e-mail address: [e-mail]. If a party desires to share additional

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confidential information with the court, it may do so pursuant to the provisions of Local Rule

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270(d) and (e).

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3. The hearing on plaintiff’s motion for contempt (ECF No. 45) and plaintiff’s

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motion to amend the operative complaint (ECF No. 50) is CONTINUED to August 8, 2013, at

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10:00 a.m., in Courtroom No. 25 before the undersigned. Assuming that the case does not

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otherwise settle, any opposition to these motions shall be filed no later than July 25, 2013, with

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any reply due by August 1, 2013. Failure to file a timely opposition to the motions may result in

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the imposition of any appropriate sanctions and/or may be deemed as a statement of non-

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opposition to the pending motions.

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IT IS SO ORDERED.
DATED: June 25, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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