Walker v. Target Corporation

Filing 20

ORDER REOPENING CASE; CASE MANAGEMENT DEADLINES REINSTATED. Signed by Judge Maria-Elena James on 11/2/2011. (cdnS, COURT STAFF) (Filed on 11/2/2011)

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1 2 3 UNITED STATES DISTRICT COURT 4 Northern District of California 5 6 TENNIEL WALKER, No. CV11-02368 MEJ Plaintiff, 7 ORDER REOPENING CASE v. 8 TARGET CORPORATION, 9 10 Defendant. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 On November 2, 2011, the Court dismissed this case without prejudice for failure to 13 prosecute. Dkt. No. 18. However, the Court is now in receipt of Plaintiff’s counsel’s declaration, in 14 which he states that he “had inadvertently not read recent emails regarding discovery standing orders 15 in this matter and failed to contact defense counsel to meet and confer on discovery issues,” and that 16 he has now “contacted defense counsel and met and conferred on the discovery issues and the 17 disclosure statement” and “discussed tentative deposition dates and the upcoming Mediation date.” 18 Dkt. No. 19. Although Plaintiff filed this declaration after the November 1 deadline set in the 19 Court’s order to show cause, (Dkt. No. 16), Plaintiff’s counsel contacted the Clerk’s Office and 20 explained that he prepared the declaration by the deadline, but e-filing problems caused it to be filed 21 late. Based on Plaintiff’s representations, it appears that his case should be permitted to go forward. 22 Accordingly, the Court hereby ORDERS the Clerk of Court to re-open this case. All dates in the 23 August 22, 2011 scheduling order are re-instated. Dkt. No. 9. Plaintiff should be mindful that any 24 future failure to comply with court orders and deadlines will likely result in sanctions. 25 IT IS SO ORDERED. 26 27 28 Dated: November 2, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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