Board of Trustees for the Laborers Health & Welfare Trust Fund for Northern California v. Bay Area Surgical Group, Inc. et al

Filing 20

ORDER by Judge Thelton E. Henderson vacating 11/22/10 hearing on 14 Motion to Set Aside Default and referring case to magistrate judge for mandatory settlement conference. Case management conference continued from 11/29/10 to 03/07/11 at 1:30 PM. Joint case management conference statement due by 02/28/11. (tehlc3, COURT STAFF) (Filed on 11/15/2010)

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Board of Trustees for the Laborers Health & Welfare Trust Fund for N...ea Surgical Group, Inc. et al Doc. 20 1 2 3 4 5 6 7 8 9 10 BOARD OF TRUSTEES FOR THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiff, v. BAY AREA SURGICAL GROUP, INC. and BAY AREA SURGICAL MANAGEMENT, LLC, Defendants. NO. C10-3291 TEH SCHEDULING ORDER AND ORDER OF REFERENCE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 Defendants' motion to set aside entry of default is currently pending before the Court 16 and is scheduled to be heard on November 22, 2010. While the parties have divergent 17 positions on whether default should be set aside, there is no dispute that Defendants have 18 paid Plaintiff $149,432.50, the principal amount at issue in the complaint. Plaintiff has 19 further agreed to waive its right to any interest on this principal amount. Thus, the only 20 substantive dispute between the parties is whether Defendants should be obligated to pay 21 attorneys' fees and costs to Plaintiff. This issue would need to be litigated or otherwise 22 resolved regardless of whether this Court were to set aside entry of default. 23 The parties have both expressed a willingness to conclude this litigation, and the 24 amount of attorneys' fees at issue is not extraordinarily high. In addition, further 25 proceedings would necessarily increase the amount of attorneys' fees and costs at issue. 26 Consequently, the Court finds that it would be an inefficient use of judicial resources to 27 decide the pending motion when it appears to the Court that reasonable persons acting in 28 good faith should be able to resolve the outstanding dispute without further litigation. 1 Accordingly, IT IS HEREBY ORDERED that the November 22, 2010 motion hearing 2 and November 29, 2010 case management conference are VACATED. IT IS FURTHER 3 ORDERED that this matter is hereby referred to a magistrate judge for a mandatory 4 settlement conference. 5 The Court will schedule a case management conference for March 7, 2011, at 6 1:30 PM, as a control date, with a joint case management conference statement due on 7 February 28, 2011. The Court will consider continuing these dates if the assigned 8 magistrate judge is unable to accommodate the parties for a settlement conference prior to 9 that time. 10 If the parties settle this case prior to the settlement conference, they shall immediately United States District Court 11 file a notice of settlement with the Court. If the parties are unable to resolve this dispute For the Northern District of California 12 even with the assistance of a magistrate judge, the Court will place Defendants' motion to set 13 aside entry of default back on calendar and consider what further proceedings would be 14 appropriate. 15 16 IT IS SO ORDERED. 17 18 Dated: 11/15/10 19 20 21 22 23 24 25 26 27 28 2 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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