Yates v. Jumbo Seafood Restaurant, Inc. et al

Filing 25

ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING HEARING ON ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION Show Cause Response due by 9/2/2011. Order to Show Cause Hearing set for 9/12/2011 09:00 AM. Signed by Judge James Ware on 7/5/11. (sis, COURT STAFF) (Filed on 7/6/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 10-02652 JW

Craig Yates,

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ORDER VACATING CASE
MANAGEMENT CONFERENCE;
SETTING HEARING ON ORDER SHOW
CAUSE RE: DISMISSAL FOR LACK OF
PROSECUTION

Plaintiff,
v.

For the Northern District of California

United States District Court

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Jumbo Seafood Restaurant, Inc., et al,
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Defendants.
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/
Jumbo Seafood Restaurant, Inc.,

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Third-Party Plaintiff,
v.

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AMCO Insurance Co.,
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Third-Party Defendant.
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/
This case is scheduled for a Case Management Conference on July 11, 2011. In

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contravention of the Local Rules and the Clerk of Court’s Notice Upon Reassignment, the parties

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failed to timely file a Joint Case Management Conference Statement, and only Third-Party

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Defendant AMCO Insurance Co. filed an individual Case Management Conference Statement. (See

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Docket Item No. 23.) To date, neither Plaintiff Craig Yates (“Plaintiff”) nor Third-Party Plaintiff

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Jumbo Seafood Restaurant, Inc. (“Third-Party Plaintiff”) have filed a Case Management Conference

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Statement.

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In light of the parties’ failure to timely file a Joint Statement, the Court finds a Case
Management Conference premature at this time. Accordingly, the Court VACATES the July 11

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Conference. Further, the Court hereby orders Plaintiff and Third-Party Plaintiff to appear in

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Courtroom No. 15, 18th Floor, United States District Court, 450 Golden Gate Avenue, San

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Francisco, California on September 12, 2011 at 9:00 a.m. to show cause, if any, by actual

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appearance in Court, and by separate certifications from Plaintiff and Third-Party Plaintiff filed with

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the Court on or before September 2, 2011, why the Complaint and Third-Party Complaint should

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not be dismissed for failure to prosecute. The certifications shall set forth in factual summary the

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reason no Joint Case Management Conference Statement has been filed and what steps Plaintiff and

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Third-Party Plaintiff are taking to prosecute their respective Complaints.

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the action pursuant to Fed. R. Civ. P. 41(b) which is a dismiss on the merits.

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For the Northern District of California

United States District Court

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Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss

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Dated: July 5, 2011
JAMES WARE
United States District Chief Judge

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

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Bradley Jay Jameson [e-mail]
Brian Y.K. Ching [e-mail]
Gary T. Lafayette [e-mail]
Glen Elliot Turner [e-mail]
Thomas E. Frankovich [e-mail]

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Dated: July 5, 2011

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
Susan Imbriani
Courtroom Deputy