Tara Hills Drive Limited v. Petker et al

Filing 134

ORDER Re Joint Status Conference Statement by Magistrate Judge Elizabeth D. Laprote. (shyS, COURT STAFF) (Filed on 8/4/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TARA HILLS DRIVE LIMITED,

Case No. 11-cv-06610-EDL

Plaintiff,
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v.

ORDER RE JOINT STATUS
CONFERENCE STATEMENT

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DARRYL PETKER, et al.,

Re: Dkt. No. 133

Defendants.
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United States District Court
Northern District of California

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On March 7, 2014, this Court entered a stipulation staying this case in deference to state

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administrative proceedings. (Dkt. 124.) This Court has twice entered stipulations continuing the

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stay. (Dkts. 127, 131.) On August 3, 2015, the Parties filed a joint status update in which all

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Parties appear to agree that an extension of the stay for an additional six months is warranted.

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(Dkt. 133.) However, Plaintiff also expresses a concern in the status update as to the effect of this

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court’s administrative closure of this case. (Id. at 3-4.) Given that “an order administratively

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closing a case is a docket management tool that has no jurisdictional effect” and that “‘has no legal

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consequence other than to remove [a] case from the district court’s active docket,’” it is unclear

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whether the September 22, 2015 status conference is necessary. Dees v. Billy, 394 F.3d 1290,

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1294 (9th Cir. 2005) (quoting Penn West Assocs., Inc. v. Cohen, 371 F.3d 118, 128 (3d Cir.

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2004)). In light of the foregoing, the Court orders the Parties to meet and confer on whether to

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stipulate to a continuance of the status conference and an extension of the stay.

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IT IS SO ORDERED.
Dated: August 4, 2015

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________________________
ELIZABETH D. LAPORTE
United States Magistrate Judge