PS Business Parks, LP v. Pycon, Inc. et al

Filing 84

ORDER VACATING DATES; SETTING STATUS CONFERENCE. Motion Hearing set for 7/9/2012 at 09:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. James Ware. Dismissal as to any remaining defendants or Motion for Default Judgment due by 6/4/2012 . Stipulated Dismissal or Joint Status Statement due by 6/15/2012. Status Conference set for 6/25/2012 10:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. James Ware. Signed by Judge James Ware on May 30, 2012. (wsn, COURT STAFF) (Filed on 5/30/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 09-02759 JW

PS Business Parks, LP,

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ORDER VACATING DATES; SETTING
STATUS CONFERENCE

Plaintiff,
v.

For the Northern District of California

United States District Court

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Pycon, Inc., et al.,
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Defendants.
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Presently before the Court is the parties’ Joint Case Status Statement. (Docket Item No. 83.)

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In their Statement, the parties contend that they have “come to a final settlement agreement” that

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will “fully resolve this matter,” and request that all pending dates in this case be vacated. (Id. at 2.)

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In light of the parties’ representation regarding their settlement, the Court VACATES all

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pretrial and trial dates in this matter. The Court sets June 25, 2012 at 10 a.m. for a Status

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Conference re. Settlement. On or before June 15, 2012, the parties shall either file a Stipulated

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Dismissal or a Joint Status Statement. In the event that a Dismissal is not filed, the parties shall set

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forth in their Joint Statement the status of the settlement and how much additional time is requested

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to finalize and file a dismissal.1

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Subsequent to filing the Joint Statement informing the Court of the settlement, counsel for
Plaintiff communicated with the Court that Plaintiff prefers to maintain the trial date pending
execution of the parties’ settlement agreement. Because the Court needs to maintain its calendar and
docket, the Court DENIES Plaintiff’s request. Further, based on the representations made in the
Joint Statement, the Court finds that the parties are engaged in a good faith settlement negotiation
and finds no reason to maintain the current trial schedule merely as a place holder.

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Further, at the May 21 Final Pretrial Conference, Plaintiff’s counsel indicated that there were

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other Defendants in this case as to whom Plaintiff may be planning to seek default judgment. Thus,

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on or before June 4, 2012, Plaintiff shall either: (1) file a Dismissal as to any remaining Defendants

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who are either in default or who have not yet been served; or (2) move for default judgment as to

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any such Defendants. In the event Plaintiff moves for default judgment against any Defendant, the

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Court sets July 9, 2012 at 9 a.m. for any Motion for Default Judgment. Failure to comply with this

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Order may result in dismissal of Plaintiff’s claims against any remaining Defendants for lack of

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prosecution pursuant to Fed. R. Civ. P. 41(b), which is a dismissal on the merits.

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Dated: May 30, 2012
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Anthony Jay Adair [e-mail]
Daniel G. Herns [e-mail]
Ginger L. Sotelo [e-mail]
Javed Inam Ellahie [e-mail]
Michael Jin-Kon Cheng [e-mail]
Michael William Malter [e-mail]
Omair Maqsood Farooqui [e-mail]
Ralph John Swanson [e-mail]
Stephen Donald Pahl [e-mail]

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Gul Hamid
19312 Kervin Ranch Court
Satatoga, CA 95070

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Dated: May 30, 2012

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

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By:

/s/ JW Chambers
William Noble
Courtroom Deputy