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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 FACEBOOK, INC., 7 Plaintiff, 8 9 10 Northern District of California United States District Court 11 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. 12 13 The Court has reviewed Magistrate Judge Kandis A. Westmore’s Report and 14 Recommendation to Deny Plaintiff’s Motion for Default Judgment Against Michael Navarini and 15 Banana ADS LLC (Dkt. No. 164), Facebook, Inc.’s Motion for Relief from that recommendation 16 (Dkt. No. 168), and the parties’ Response to Magistrate Judge Beeler’s Order Regarding Settlement 17 Conference (Dkt. No. 172). Because it appears the parties no longer will be able to engage in 18 productive settlement negotiations, the Court will not require the parties to attend a settlement 19 conference. 20 Therefore, the Court GRANTS Facebook’s Motion for Relief from Order. The Report and 21 Recommendation (Dkt. No. 164) recommending referral of the parties to a settlement conference, is 22 MODIFIED. The parties shall not be required to attend a settlement conference. Magistrate Judge 23 Westmore shall consider Facebook’s motion for default judgment against defendants Michael 24 Navarini and Banana Ads LLC. 25 26 27 28 This Order Terminates Docket Numbers 164 & 168. IT IS SO ORDERED. Date: January 16, 2013 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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