Peterson v. Islamic Republic of Iran

Filing 195

ORDER by Judge Bernard Zimmerman vacating hearing 83 Ex Parte Application ; vacating hearing 95 Motion to Enforce Judgment; vacating hearing 97 Motion to Enforce Judgment; vacating hearing 98 Motion to Enforce Judgment; vacating hearing 99 Motion to Enforce Judgment; vacating hearing 100 Motion to Enforce Judgment; vacating hearing 101 Motion to Enforce Judgment; vacating hearing 102 Motion to Enforce Judgment; vacating hearing 103 Motion to Enforce Judgment; vacating hearing [ 104] Motion to Enforce Judgment; vacating hearing 105 Motion to Enforce Judgment; vacating hearing 106 Motion to Enforce Judgment; vacating hearing 107 Motion to Enforce Judgment; vacating hearing 108 Motion to Enforce Judgment; vacating hear ing 109 Motion to Enforce Judgment; vacating hearing 110 Motion to Enforce Judgment; vacating hearing 18 Motion to Enforce Judgment; vacating hearing 19 Motion to Amend/Correct ; ; vacating hearing 20 Motion to Enforce Judgment; vacating hearing 26 Motion to Enforce Judgment (bzsec, COURT STAFF) (Filed on 11/18/2008)

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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 DEBORAH D. PETERSON, Personal Representative of the Estate of James C. Knipple (Dec.), et al., Plaintiff(s), v. ISLAMIC REPUBLIC OF IRAN, et al., Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. 08-80030 MISC JSW (BZ) ORDER VACATING SHOW CAUSE HEARING TENTATIVELY SCHEDULED FOR DECEMBER 17, 2008 & REQUESTING SUPPLEMENTAL BRIEFING ON PLAINTIFFS' MOTION TO COMPEL DISCOVERY On October 14, 2008 I issued a Report and Recommendation recommending that Judge White enter the Order attached to the report, which ordered a series of actions culminating in a possible show cause hearing on December 17, 2008. Shortly thereafter the plaintiffs and CMA CGM each filed objections to my report and recommendation. As of this date, there has been no ruling on these objections and Judge White has not issued the recommended Order. IT IS THEREFORE ORDERED AS FOLLOWS: 1. The show cause hearing tentatively scheduled for December 17, 2008 is VACATED. If Judge White enters the 1 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 recommended Order, presumably it will contain a new schedule reflecting the date he enters the Order; 2. The hearings presently scheduled for January 21, 2009 and February 4, 2009, which involve other shipping companies and financial institutions, are VACATED pending further order of the court; and 3. The hearing presently scheduled for December 17, 2008 on plaintiffs' motion to compel post-judgment discovery responses remains on calendar. Plaintiffs are ORDERED to file by December 2, 2008 a supplemental brief addressing: a] whether this hearing should be postponed pending a ruling by Judge White on the jurisdictional objections CMA CGN has made, and b] whether this Court must have personal jurisdiction over a party before it can issue an order mandating compliance with discovery requests or imposing sanctions. Dated: November 18, 2008 Bernard Zimmerman United States Magistrate Judge G:\BZALL\-REFS\PETERSON v. ISLAMIC REPUBLIC OF IRAN\ORDER VACATING HEARINGS.FINAL VERSION.wpd 2

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