Facebook, Inc. v. Cyber2Media, Inc. et al

Filing 174

ORDER re: Report and Recommendation; Granting Motion for Relief by Judge Yvonne Gonzalez Rogers. The Report and Recommendation 164 recommending referral of the parties to a settlement conference is MODIFIED; Granting 168 Motion for Relief from Order. (fs, COURT STAFF) (Filed on 1/16/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FACEBOOK, INC.,

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Plaintiff,

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Northern District of California

United States District Court

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vs.

Case No.: 11-CV-03619 YGR
ORDER RE: REPORT AND
RECOMMENDATION; GRANTING MOTION FOR
RELIEF FROM NON-DISPOSITIVE PRETRIAL
ORDER

BANANA ADS, LLC et al.,
Defendants.

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The Court has reviewed Magistrate Judge Kandis A. Westmore’s Report and

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Recommendation to Deny Plaintiff’s Motion for Default Judgment Against Michael Navarini and

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Banana ADS LLC (Dkt. No. 164), Facebook, Inc.’s Motion for Relief from that recommendation

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(Dkt. No. 168), and the parties’ Response to Magistrate Judge Beeler’s Order Regarding Settlement

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Conference (Dkt. No. 172). Because it appears the parties no longer will be able to engage in

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productive settlement negotiations, the Court will not require the parties to attend a settlement

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conference.

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Therefore, the Court GRANTS Facebook’s Motion for Relief from Order. The Report and

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Recommendation (Dkt. No. 164) recommending referral of the parties to a settlement conference, is

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MODIFIED. The parties shall not be required to attend a settlement conference. Magistrate Judge

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Westmore shall consider Facebook’s motion for default judgment against defendants Michael

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Navarini and Banana Ads LLC.

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This Order Terminates Docket Numbers 164 & 168.
IT IS SO ORDERED.
Date: January 16, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE