Pension Trust Fund For Operating Engineers et al v. Dalecon, Inc. et al

Filing 117

ORDER SETTING TELEPHONIC STATUS CONFERENCE FOR NOVEMBER 14, 2013. Upon initial review of Plaintiffs' motion for summary judgment against Dalecon, Inc. (ECF No. 111), the court notes that Plaintiffs did not file along with their motion a join t statement of undisputed facts, as the court's standing order requires. The court also notes that Dalecon, Inc., which has appeared and is represented by an attorney, has failed to file an opposition to Plaintiffs' motion (or a statement of non-opposition), and the deadline for doing so was November 12, 2013. (Dalecon, Inc.'s counsel was served electronically through the court's Electronic Case File ("ECF") system on October 29, 2013, Proof of Service, ECF No. 114 , and Dalecon, Inc's opposition was due 14 days later, see Civ. L.R. 7-3(a).) Given this situation, the court SETS a telephonic status conference for Thursday, November 14, 2013 at 11:00 a.m. to discuss the matter with Plaintiffs' counsel and Dalecon, Inc.'s counsel. The court expects this will be a quick telephone call lasting only a few minutes, and the parties are invited to appear via CourtCall. If this presents a problem for counsel, they should contact the court's co urtroom deputy Lashanda Scott (415-522-3140) to discuss an alternative time. The parties should note, however, that the court wants to clear up this matter as soon as possible. Signed by Magistrate Judge Laurel Beeler on 11/13/2013. (lblc2, COURT STAFF) (Filed on 11/13/2013)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

Northern District of California

10

San Francisco Division
PENSION TRUST FUND FOR OPERATING
ENGINEERS, et al.,

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

Plaintiffs,
13

No. C 11-02851 LB
ORDER SETTING TELEPHONIC
STATUS CONFERENCE FOR
NOVEMBER 14, 2013

v.
14
DALECON, INC., et al.,
15
16
17

Defendants.
_____________________________________/
Upon initial review of Plaintiffs’ motion for summary judgment against Dalecon, Inc. (ECF No.

18

111), the court notes that Plaintiffs did not file along with their motion a joint statement of

19

undisputed facts, as the court’s standing order requires.1 The court also notes that Dalecon, Inc.,

20

which has appeared and is represented by an attorney, has failed to file an opposition to Plaintiffs’

21

motion (or a statement of non-opposition), and the deadline for doing so was November 12, 2013.

22
23
1

24
25
26
27
28

The court’s standing order provides as follows:

Motions for summary judgment must be accompanied by a joint statement of the
material facts that the parties agree are not in dispute. The joint statement must
include – for each undisputed fact – citations to admissible evidence. The parties
must comply with the procedures set forth in Civil Local Rule 56-2(b). The parties
may not file – and the Court will not consider – separate statements of undisputed
facts. Failure to stipulate to an undisputed fact without a reasonable basis for doing
so may result in sanctions. See Civil L. R. 56-2(b).
C 11-02851 LB
ORDER

1

(Dalecon, Inc.’s counsel was served electronically through the court’s Electronic Case File (“ECF”)

2

system on October 29, 2013, Proof of Service, ECF No. 114, and Dalecon, Inc’s opposition was due

3

14 days later, see Civ. L.R. 7-3(a).)

4

Given this situation, the court SETS a telephonic status conference for Thursday, November

5

14, 2013 at 11:00 a.m. to discuss the matter with Plaintiffs’ counsel and Dalecon, Inc.’s counsel.

6

The court expects this will be a quick telephone call lasting only a few minutes, and the parties are

7

invited to appear via CourtCall. If this presents a problem for counsel, they should contact the

8

court’s courtroom deputy Lashanda Scott (415-522-3140) to discuss an alternative time. The parties

9

should note, however, that the court wants to clear up this matter as soon as possible.
IT IS SO ORDERED.

11

Dated: November 13, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

12
For the Northern District of California

UNITED STATES DISTRICT COURT

10

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

C 11-02851 LB
ORDER

2