Tribal Court Services v. Molinar

Filing 21

ORDER REQUIRING PARTIES TO (1) MEET AND CONFER AND (2) PROVIDE THE COURT WITH A STATUS UPDATE REGARDING PLAINTIFF'S MOTION TO DISMISS. Signed by Judge Laurel Beeler on 1/20/2015. (lblc2, COURT STAFF) (Filed on 1/20/2015)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
TRIBAL COURT SERVS.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,
v.

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ANTONIO MOLINAR,
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No. C 14-04167 LB
ORDER REQUIRING PARTIES TO
(1) MEET AND CONFER AND (2)
PROVIDE THE COURT WITH A
STATUS UPDATE REGARDING
PLAINTIFF’S MOTION TO DISMISS

Defendant.
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_____________________________________/

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Plaintiff Tribal Court Services (“TCS”) filed a complaint against Defendant Antonio Molinar

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(who currently is an inmate at San Quentin State Prison) on September 16, 2014, and he was served

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with it on October 7, 2014. (Complaint, ECF No. 1; 10/14/2014 Proof of Service, ECF No. 8; see

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also 9/24/2014 Proof of Service, ECF No. 7.1) On December 10, 2014, after he retained counsel,

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Mr. Molinar filed his answer. (Answer, ECF No. 16.)

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On December 22, 2014, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, TCS

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filed a motion titled “Motion to Dismiss Without Prejudice to Pursue Contractual Arbitration.”

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(Motion, ECF No. 17.) The proposed order TCS filed asks the Court to order the “Clerk of the

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Court shall enter the Dismissal without prejudice of this action. The Court retains no further

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jurisdiction. The Clerk is instructed to close the file.” (Proposed Order, ECF No. 17-2.) Mr.

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Record citations are to documents in the Electronic Case File (“ECF”); pinpoint citations
are to the ECF-generated page numbers at the top of the documents.
C 14-04167 LB
ORDER

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Molinar, after missing the deadline to timely oppose TCS’s motion, filed a motion titled

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“Defendant’s Ex Parte Motion to Extend Time for Response to and Hearing on Plaintiff’s Motion

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for Dismissal Without Prejudice to Pursue Contractual Arbitration . . . .” (Motion, ECF No. 19.)

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Mr. Molinar’s motion requests “that the hearing date and its corresponding response be continued

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for a minimum of 30 days . . . .” (Motion, ECF No. 19.) This suggests that Mr. Molinar may

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believe TCS’s motion also asks the Court to compel arbitration, which it does not. (See Motion,

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ECF No. 17 at 1; Proposed Order, ECF No. 17-2.)

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To clear up the confusion, and perhaps to facilitate any briefing or stipulated resolution, the

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Court orders the parties to meet and confer about the issue no later than by the close of business on
Thursday, January 22, 2015. Counsel then must file a status update no later than by the close of

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business on Friday, January 23, 2015.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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IT IS SO ORDERED.
Dated: January 20, 2015
_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 14-04167 LB
ORDER

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