U-Haul Co. of California et al v. City of Berkeley

Filing 76

ORDER CONTINUING Case Management Conference. Case Management Statement due by 2/21/2013. Initial Case Management Conference set for 2/28/2013 10:30 AM in Courtroom C, 15th Floor, San Francisco.. Signed by Magistrate Judge Laurel Beeler on 1/28/2013. (lblc2S, COURT STAFF) (Filed on 1/28/2013)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

Northern District of California

10

San Francisco Division
U-HAUL CO. OF CALIFORNIA et al.,

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

Plaintiffs,
v.

No. C 08-02313 LB
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

13
CITY OF BERKELEY,

[Re: ECF Nos. 74, 75]

14
15

Defendant.
_____________________________________/

16

This action has been stayed since September 3, 2008, pending the resolution of a parallel

17

action in California state court. Order Staying Case, ECF No. 33; see City of Berkeley v. U-Haul

18

Co. of California, et al., Alameda County Superior Court Case No. RG08-388586. Prior to the

19

November 8, 2012 case management conference, Defendant’s counsel timely submitted a case

20

management statement, but Plaintiff’s counsel did not. Plaintiff’s counsel did not submit anything

21

until two days before the case management conference.

22

At the November 8, 2012 case management conference, the court set a further case

23

management conference for January 31, 2013. 11/8/2012 Minute Entry, ECF No. 73. Despite the

24

local rules requiring a joint case management statement, Defendant’s counsel had to submit her own

25

statement because Plaintiff’s counsel, like before the November 8, 2012 case management

26

conference, failed to respond at all to Defendant’s counsel’s communications.

27

Because of the court’s unavailability, the court CONTINUES the January 31, 2013 case

28

management conference to February 28, 2013 at 10:30 a.m. in Courtroom C, 15th Floor, United
C 08-02313 LB
ORDER

1

States District Court, 450 Golden Gate Avenue, San Francisco, California. The parties SHALL file

2

a joint case management statement no later than February 21, 2013. In light of the prior failures

3

to communicate, Plaintiff’s counsel is warned that his failure to respond to Defendant’s counsel’s

4

communications—and thus to participate in this litigation—may be grounds for being sanctioned.

5
6

IT IS SO ORDERED.
Dated: January 28, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

7
8
9
10

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C 08-02313 LB
ORDER

2