ConocoPhillips Company v. Milestone Pacific Properties LLC et al

Filing 49

ORDER by Judge Saundra Brown Armstrong GRANTING Motion to Reopen Case and REFERRING Motion to Magistrate Maria-Elena James re 42 Motion for Settlement. Case Management Conference set for 12/3/2009 03:30 PM., via telephone. Signed by Judge Saundra Brown Arsmtrong, on 10/26/09. (lrc, COURT STAFF) (Filed on 10/28/2009) Modified on 10/29/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 CONOCOPHILLIPS COMPANY, 7 8 vs. Plaintiff, Case No.: C 08-02695 SBA ORDER UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

9 MILESTONE PACIFIC PROPERTIES, LLC et al., 10 Defendants. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On October 5, 2009 this Court was notified of a settlement agreement between the parties. [Docket No. 40]. On October 13, 2009 this Court issued a conditional dismissal allowing either party to move to reopen the case within 90 days in the event that a settlement was not reached. [Docket No. 41]. Also, on October 13, 2009, Plaintiff filed a "Motion to Enforce Settlement Agreement and for Judgment," which is scheduled to be heard on December 15, 2009. [Docket No. 42]. On October 14, 2009 Plaintiff filed a timely "Motion to: 1) Reopen Case; and 2) Shorten Time for Hearing and to Alter the Briefing Schedule on its Motion to Enforce Settlement." [Docket No. 46]. Good cause appearing, IT IS HEREBY ORDERED THAT: 1. Plaintiff's request to reopen is GRANTED; 2. Plaintiff's motion to enforce the settlement agreement is REFERRED to the Chief Magistrate Judge or her designee for resolution within 45 days of this order; 3. The motion to shorten time is DENIED without prejudice to renew before the assigned Magistrate Judge; and

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4. A Case Management Conference is scheduled for December 3, 2009, at 3:30 p.m. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than ten (10) days prior to the Case Management Conference that complies with the Standing Order For All Judges of The Northern District of California and the Standing Order of this Court. Plaintiffs shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call [phone] at the above indicated date and time. IT IS SO ORDERED.

Dated: 10/26/09

____________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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