Wilson v. Compass Vision, Inc. et al

Filing 189

ORDER by Magistrate Judge Bernard Zimmerman in case 3:07-cv-03431-BZ; vacating hearing (267) Motion for Judgment on the Pleadings; denying (268) Motion to Shorten Time in case 3:07-cv-05642-BZ (bzsec, COURT STAFF) (Filed on 10/20/2010)

Wilson v. Compass Vision, Inc. et al

Doc. 189

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 v. COMPASS VISION, INC., et al., Defendant(s). LAURA FUJISAWA, et al. Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) ) No. C07-5642 BZ Related Cases: C07-3431 BZ C08-4118 BZ C09-2016 BZ ORDER RE SEVERANCE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Following a hearing on Maximus' motion for an order shortening time to file a motion for judgment on the pleadings, IT IS ORDERED as follows: 1. Maximus' motion is DENIED. The motion for judgment

on the pleadings (Docket No. 267) is taken off calendar. 2. Maximus' counterclaim against Compass Vision is

severed for trial, on condition that Maximus provide any of its witnesses and documents which the other parties had an expectation that Maximus would produce at trial. 3. If any party opposes the severance of Maximus'

counterclaim, it shall file an opposition by October 27, 2010. 1
Dockets.Justia.com

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

Objections will be decided at the Pretrial Conference. 4. Maximus and Compass Vision are urged to resolve the If they cannot, a status conference is

attorney's fee issue.

scheduled for January 10, 2011 at 4:00 p.m. for purposes of devising a schedule for resolving the counterclaim. Dated: October 20, 2010 Bernard Zimmerman United States Magistrate Judge
G:\BZALL\-BZCASES\FUJISAWA V. COMPASS VISION\ORDER RE SEVERANCE.wpd

2