Keller v. Electronic Arts Inc. et al

Filing 457

ORDER CONSOLIDATING CASES, ADDRESSING DISCOVERY MATTERS, MODIFYING CASE SCHEDULE, AND REQUIRING PARTIES TO PROVIDE AN ESTIMATE OF THE LENGTH OF TRIAL. Signed by Judge Claudia Wilken on 5/21/2012. (ndr, COURT STAFF) (Filed on 5/21/2012) Modified on 5/21/2012 (ndr, COURT STAFF).***DISREGARD, INCORRECT DOCUMENT ATTACHED***

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4
5

ISHMAEL THROWER, on behalf of
himself and all others similarly
situated,

6
7
8
9

United States District Court
For the Northern District of California

10

Plaintiff,
v.
NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, also known as NCAA;
and COLLEGIATE LICENSING COMPANY,
also known as CLC,

ORDER DISCHARGING
ORDER TO SHOW
CAUSE WHY
INDIVIDUAL ACTION
SHOULD NOT BE
DISMISSED FOR
FAILURE TO
PROSECUTE
(Docket No. 35)

Defendants.

11
12

No. C 10-632 CW

________________________________/
On May 17, 2012, the Court ordered Plaintiff Ishmael Thrower

13
to show cause why his individual action should not be dismissed
14
for failure to prosecute, after he failed to appear individually
15
or through counsel for a case management conference held on May
16
16, 2012.
17
On May 19, 2012, Plaintiff’s counsel filed a declaration,
18
stating that he had believed mistakenly that the case management
19
conference was scheduled for May 23, 2012.

Because Plaintiff’s

20
failure to appear was the result of his attorney’s mistake, the
21
Order to Show Cause is hereby DISCHARGED.
22
At the case management conference and in the joint case
23
management statement, the parties indicated that Plaintiff has
24
failed to respond to Defendant CLC’s document requests, and
25
attorney Jon King of Hausfeld LLP, Interim Co-Lead Class Counsel,
26
has been unable to reach Plaintiff’s counsel to address the
27
matter.
28

Plaintiff is reminded of his obligation to participate in

1

discovery in this matter, and Plaintiff’s counsel is ORDERED to

2

contact Mr. King within three days of the date of this Order.

3

IT IS SO ORDERED.

4
5
6

Dated: 5/21/2012

CLAUDIA WILKEN
United States District Judge

7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2