CRS Recovery Inc et al v. Laxton et al

Filing 264

ORDER REGARDING DEFENDANT NORTHBAY REAL ESTATE, INC.S 260 MOTION TO DISMISS. Motion Hearing set for 4/25/2012 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 3/23/2012. Motions due by 3/25/2012. Responses due by 3/28/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 3/23/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CRS RECOVERY, INC., a Virginia
corporation; and DALE MAYBERRY,

v.

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JOHN LAXTON, aka
[e-mail]; and
NORTHBAY REAL ESTATE, INC.,
Defendants.

United States District Court
For the Northern District of California

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ORDER REGARDING
DEFENDANT NORTHBAY
REAL ESTATE,
INC.’S MOTION TO
DISMISS

Plaintiffs,

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No. C 06-7093 CW

________________________________/
On June 12, 2007, this Court set the deadline for hearings on

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dispositive motions in this case as February 28, 2008.

See Docket

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No. 34.

After being extended once by the parties’ stipulation,

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the deadline was extended by Court order to September 4, 2008.
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Docket Nos. 73, 102.

The Clerk issued a notice continuing the

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hearing to September 18, 2008.

Docket No. 147.

On September 18,

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2008, the Court heard the parties’ cross-motions for summary
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judgment and subsequently granted Plaintiffs’ motion and denied
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Defendants’ motion.

Docket Nos. 168, 170.

On appeal, the Ninth

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Circuit determined that Defendants had raised disputed issues of
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material fact and reversed in part the Court’s grant of summary
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judgment to Plaintiffs.

Docket No. 203.

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On July 13, 2010, the Court held an initial case management
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conference following the remand.

On December 6, 2011, the Court

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held a further case management conference and set a final pretrial
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conference for April 25, 2012 and a jury trial to start May 7,
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2012.
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At neither of those case management conference did the

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parties request, or the Court grant, an extension of the deadline

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to hear dispositive motions.

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On March 20, 2012, Defendant Northbay Real Estate, Inc. filed

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a motion to dismiss Plaintiffs’ claims pursuant to Federal Rule of

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Civil Procedure 12(b)(1) and noticed its motion for hearing on

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April 26, 2012, the day after the final pretrial conference is to

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be held.

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and has not offered good cause to modify the scheduling order

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under Rule 16(b).

Defendant has not sought the Court’s permission to do so

See Federal Rule of Civil Procedure 16(b)(4)

United States District Court
For the Northern District of California

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(“A schedule may be modified only for good cause and with the

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judge’s consent.”).

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Accordingly, within two days of the date of this Order,

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Northbay Real Estate shall file an administrative motion seeking

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an extension of the deadline to hear a dispositive motion and

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demonstrating good cause to do so under Rule 16.

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opposition to Northbay Real Estate’s administrative motion, if

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any, shall be filed within three days thereafter.

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Real Estate fails to comply with the terms of this Order, their

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motion to dismiss will be denied.

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on the motion to dismiss remains in effect.

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motion to dismiss shall take place alongside the final pretrial

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conference on April 25, 2012 at 2:00 p.m.

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Plaintiffs’

If Northbay

The current briefing schedule
The hearing on the

IT IS SO ORDERED.

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Dated: 3/23/2012

CLAUDIA WILKEN
United States District Judge

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