O'Toole et al v. City of Antioch et al

Filing 234

ORDER re dismissal of claims against Norman Wielsch. Signed by Judge Hamilton on 12/17/2015. (pjhlc2, COURT STAFF) (Filed on 12/17/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SEAN O'TOOLE, et al.,

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United States District Court
Northern District of California

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Case No. 11-cv-1502-PJH

Plaintiffs,

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v.

ORDER RE DISMISSAL OF CLAIMS
AGAINST NORMAN WIELSCH

CITY OF ANTIOCH, et al.,
Defendants.

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In response to the court’s order dated December 10, 2015 (Dkt. 231), defendant

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Norman Wielsch filed a statement explaining that the settlement payment due to plaintiffs

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is still being processed, and requesting that the court hold this matter in abeyance until

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January 15, 2016. While the court is aware of the delays inherent in matters requiring

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approval of a government entity, the court also finds that defendant Wielsch has been

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less than diligent in informing the opposing parties and the court of the need to extend

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the conditional dismissal period. Thus, while the court will extend the conditional

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dismissal period until January 19, 2016, it will not grant any further extensions unless

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supported by sufficient evidence. To that end, if the settlement payment has not been

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tendered to plaintiffs by the above deadline, defendant Wielsch will be ORDERED to

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SHOW CAUSE as to why the conditional dismissal should not be vacated and the matter

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returned to the court’s calendar. The order to show cause hearing will be held on

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January 20, 2016 at 9:00am. Lead counsel’s appearance at the order to show cause

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hearing is mandatory. If the settlement payment is tendered on or before January 19,

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2016, the parties shall file a notice with the court requesting that the hearing be taken off

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cal
lendar.

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IT IS SO ORDER
S
RED.

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ated: December 17, 20
015
Da

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__
__________
__________
__________
_______
PH
HYLLIS J. H
HAMILTON
Un
nited States District Ju
s
udge

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United States District Court
Northern District of California

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