Envisage Development Partners, LLC et al v. Patch of Land Lending, LLC et al

Filing 7

SCHEDULING ORDER. Signed by Judge Charles R. Breyer on 8/11/2017. (crblc1S, COURT STAFF) (Filed on 8/11/2017)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8

ENVISAGE DEVELOPMENT
PARTNERS, LLC, et al.,

9

Plaintiffs,
10

Case No. 17-cv-03971-CRB
SCHEDULING ORDER

v.
United States District Court
Northern District of California

11

PATCH OF LAND LENDING, LLC,
et al.,

12

Defendants.

13

Defendants have filed two motions in this case: a motion to withdraw the

14
15

bankruptcy reference (dkt. 1) and a motion to compel arbitration (dkt. 5). In the interest of

16

judicial efficiency, the Court set both motions to be heard on the same date, September 1,

17

2017. See Clerk’s Notice (dkt. 6). Plaintiffs’ response to the motion to withdraw the

18

reference was due by July 28, 2017; their response to the motion to compel was due on

19

August 4, 2017. See Clerk’s Notice (dkt. 4); Mot. to Compel (dkt. 5). Neither set of

20

Plaintiffs responded to either motion. The Court reached out to counsel for both sets of

21

Plaintiffs, and has heard from both that they will file a response by noon on Tuesday,

22

August 15, 2017. Accordingly, the Court ORDERS as follows:
Counsel for both sets of Plaintiffs shall file responses to both motions by noon on

23
24

Tuesday, August 15, 2017. 1 Should either set of Plaintiffs fail to timely respond to the

25

motions, the Court will issue an order to show cause why the case should not be dismissed

26

for failure to prosecute. Defendants may file their reply briefs by Friday, August 25, 2017.

27
1

28

Plaintiffs may file a joint response, but the Court will not assume that a response from just one
set of Plaintiffs applies to the other.

1

The Court VACATES the current hearing date of September 1, 2017, and SETS a new

2

hearing date of September 22, 2017.

3

IT IS SO ORDERED.

4

11
Dated: August ___, 2017

CHARLES R. BREYER
United States District Judge

5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2