Reiffin v. Microsoft Corp

Filing 647

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE RE-OPENED AND RE-ASSIGNED Order to Show Cause Hearing set for 5/26/2011 02:00 PM. Show Cause Response due by 5/25/2011.. Signed by Judge Alsup on May 23, 2011. (whalc1, COURT STAFF) (Filed on 5/23/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MARTIN GARDNER REIFFIN,

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For the Northern District of California

United States District Court

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No. C 98-00266 WHA

Plaintiff,
v.

ORDER TO SHOW
CAUSE WHY CASE
SHOULD NOT BE
RE-OPENED AND
RE-ASSIGNED

MICROSOFT CORPORATION,
Defendant.
/

“In the event an order is needed in a closed case assigned to a judicial officer who is

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deceased or no longer sitting, the clerk shall refer the matter to the general duty judge for

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disposition. If a ruling by the general duty judge results in the reopening of such a case, the clerk

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shall randomly reassign the case pursuant to paragraph D.” General Order 44 ¶ K.

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In May 2010, a stipulated final judgment was entered in this action, and the district court

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case was closed. The assigned judge subsequently retired. In April 2011, following appeal, four

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motions were filed (Dkt. Nos. 628, 632, 633, 640). Those motions were referred to the

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undersigned judge, who was serving as general duty judge during the month of April. An

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additional motion was filed in May 2011, when the undersigned judge no longer was serving as

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general duty judge (Dkt. No. 645). The following motions remain pending:

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a motion for leave to withdraw as plaintiff’s counsel by
Attorneys Norman H. Beamer and Jesse J. Jenner of
Ropes & Gray LLP;

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a motion for leave to withdraw as plaintiff’s counsel by
Attorney Joseph L. Spiegel of Spiegel Brown Fichera &
Acard LPP; and

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defendant’s motion for attorney’s fees.

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The parties are hereby ORDERED to show cause at the May 26 hearing why the case should not be

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re-opened and randomly re-assigned, rather than remaining with the undersigned judge (who is no

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longer serving as general duty judge) before the pending motions are resolved. This issue will be

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the first item addressed at the May 26 hearing. Additionally, any written statements on this issue
may be filed by NOON ON MAY 25, 2011.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: May 23, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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