Polo v. Shwiff et al

Filing 49

ORDER VACATING HEARING; TERMINATING MOTIONS WITHOUT PREJUDICE; AND SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/3/2014. Case Management Conference set for 1/10/2014 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 11/5/13. (jjoS, COURT STAFF) (Filed on 11/5/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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PATRICK POLO,

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For the Northern District of California

United States District Court

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No. C 12-04461 JSW

Plaintiff,

ORDER VACATING HEARING,
TERMINATING MOTIONS
WITHOUT PREJUDICE, AND
SETTING CASE MANAGEMENT
STATEMENT

v.
ELIZABETH SHWIFF, et al.,
Defendants.
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The Court has received the parties stipulation requesting that, in light of a conditional

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settlement, the Court adjourn the hearing on the motion for summary judgment and the motion

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for a writ of prejudgment attachment, which is set for November 8, 2013. The parties also

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request that the Court schedule a case management conference for early next year in the event

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they are unable to finalize the settlement by December 20, 2013.

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It is HEREBY ORDERED that in light of the settlement, the Court VACATES the

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hearing scheduled for November 8, 2013. In addition, the Court TERMINATES Plaintiff’s

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motion for summary judgment and motion for prejudgment writ of attachment (Docket Nos. 38,

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43), without prejudice. If the parties are unable to settle, and if Plaintiff intends to renew these

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motions, the parties need not re-file the papers already submitted. Rather, Plaintiff need only

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file a notice of a new hearing date, but that hearing date must be at least 35 days from the date

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on which the notice is filed.

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It is FURTHER ORDERED that, in the event the parties have not filed a dismissal by
December 20, 2013, the parties shall appear on January 10, 2014 at 1:30 p.m. for a case

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management conference, and a joint case management statement shall be due on January 3,

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2014.

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IT IS SO ORDERED.
Dated: November 5, 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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