Monroe v. Orchard Hardware Supply et al

Filing 47

ORDER DISCHARGING 42 Order to Show Cause and CONTINUING Case Management Conference. Case Management Statement due by 4/24/2014. Case Management Conference set for 5/1/2014 11:00 AM in Courtroom C, 15th Floor, San Francisco.. Signed by Judge Laurel Beeler on 1/17/2014. (lblc1S, COURT STAFF) (Filed on 1/17/2014)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division

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ALICE MONROE,

No. C 12-03840 LB
Plaintiff,

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v.
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ORCHARD SUPPLY HARDWARE, et al.,

ORDER DISCHARGING ORDER TO
SHOW CAUSE AND CONTINUING
CASE MANAGEMENT
CONFERENCE

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Defendants.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Defendants removed the case to this court on July 23, 2012. See Notice of Removal, ECF No. 1.

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On June 18, 2013, Orchard Supply Hardware (“OSH”) filed a notice of filing of bankruptcy petition,

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that effectively stayed this case. See ECF No. 33. To ensure that the case proceeded appropriately,

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the court set a further case management conference for December 19, 2013, and directed the parties

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to file a joint case management conference statement by December 12, 2013. The parties failed to

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comply.

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On December 13, 2013, the court issued a Clerk’s Notice regarding the parties’ failure to file

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their joint case management conference statement. ECF No. 40. The court directed the parties to

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file their joint case management conference statement by January 2, 2014. Again, neither party

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complied. Plaintiff filed a case management conference statement on January 3, 2014. See ECF No.

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41. OSH again failed to respond. Accordingly, on January 7, 2014, the court ordered OSH to file a

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joint case management conference statement and show cause why it should not be sanctioned for

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failure to comply with the court’s directives. Order to Show Cause, ECF No. 42.

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On January 16, 2014, the parties filed a Joint Case Management Conference Statement. See ECF

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No. 43. In it, OSH explains that it believed that it was not obligated to file case management

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conference statements in this matter because of the automatic stay imposed by the Bankruptcy court.
C 12-03840 LB
ORDER DISCHARGING ORDER TO SHOW CAUSE

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For case management purposes and docket control, the court requires such updates.
In light of OSH’s explanation, the court DISCHARGES the order to show cause and continues

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the case management conference to Thursday, May 1, 2014 at 11:00 a.m. The parties shall file a

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joint case management conference statement no later than April 24, 2014.

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IT IS SO ORDERED.
Dated: January 17, 2014
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 12-03840 LB
ORDER DISCHARGING ORDER TO SHOW CAUSE

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