J&J Sports Productions, Inc. v. Santos

Filing 38

ORDER DENYING WITHOUT PREJUDICE 37 Request to Vacate Deadlines and Appearances. Signed by Judge Jeffrey S. White on May 15, 2013. (jswlc3, COURT STAFF) (Filed on 5/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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J&J SPORTS PRODUCTIONS, INC.,

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Plaintiff,

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No. C 12-01191 JSW

v.

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For the Northern District of California

United States District Court

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ORDER DENYING WITHOUT
PREJUDICE REQUEST TO
VACATE

RUGIERO PATINO SANTOS, et al.,
Defendants.

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On May 14, 2013, Plaintiff filed a Request for Judicial Notice of Settlement.1 Plaintiff

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also represents that the parties request that all presently calendared deadlines and appearances

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be vacated. However, Defendants’ counsel has not signed off on the “Request for Judicial

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Notice of Settlement.” To the extent Plaintiff is moving under Northern District Civil Local

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Rule 7-11 for a continuance, Defendants have appeared in this action and have four days to file

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a response to such a motion. See N.D. Civ. L.R. 7-11(b). Thus, the Court could not act on

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Plaintiff’s request before the next scheduled appearance, the initial case management

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conference set for May 17, 2013 at 1:30 p.m. For these reasons, the Court DENIES Plaintiff’s

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request to vacate all presently calendared deadlines an appearances.

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//

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The Court cannot take “judicial notice” of the settlement, because there are no
documents or evidence to support the fact that a settlement exists. See Fed. R. Evid. 201. To
the extent Plaintiff simply wishes to advise the Court that the parties have settled the matter,
a simple notice would have sufficed.
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The parties shall appear as scheduled on May 17, 2013 for the case management

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conference, unless the parties stipulate to continue the matter based on the settlement or

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Plaintiff files a notice of dismissal before that date.

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IT IS SO ORDERED.
Dated: May 15, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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