Davison Design & Development Inc. et al v. Riley

Filing 230

ORDER re joint motion for dismissal. Signed by Judge Hamilton on 4/3/2015. (pjhlc2, COURT STAFF) (Filed on 4/3/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVISON DESIGN & DEVELOPMENT
INC., et al.,

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Plaintiffs,

No. C 11-2970 PJH

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v.
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ORDER RE JOINT MOTION FOR
DISMISSAL

CATHY RILEY,
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Defendant.
_______________________________/

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For the Northern District of California

United States District Court

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The court is in receipt of the parties’ joint motion for dismissal with prejudice. The

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motion purports to seek dismissal of “plaintiffs’ claims against defendant and counter-

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claimant’s claims against counter-defendants.” Dkt. 228 at 2. However, in its order

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granting summary judgment and accompanying judgment, the court already granted

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summary judgment on defendant’s counter-claims, leaving nothing left to dismiss at this

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time. See Dkts. 217, 218. The court also declined to exercise jurisdiction on plaintiff’s

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declaratory judgment claims at that time. Id.

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Given that the previous order and judgment appeared to dispose of all claims and

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counter-claims, the court is unclear about the purpose of the current joint motion to dismiss.

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If the parties simply seek dismissal of plaintiffs’ claims (which the court declined to exercise

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jurisdiction over), the parties should make that clear in the joint motion. If the parties had

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some other purpose in filing the joint motion, they should make that clear to the court. The

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parties are therefore directed to file a joint statement, not to exceed five pages, providing

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clarification as to the purpose of the joint motion. In the alternative, the parties may also

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withdraw the current motion, and file a revised motion that more clearly sets forth the relief

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sought. The parties shall have until April 10, 2015 to file either the joint statement or the

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revised motion.

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IT IS SO ORDERED.
Dated: April 3, 2015
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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