OS Enterprise, LLC v. Fairline Development Canada (1992) LTD et al

Filing 34

ORDER TO SHOW CAUSE: Both parties must show cause as to why they and their counsel should not be sanctioned by 6/26/2013. Order to Show Cause and Settlement Conference set for 7/3/2013 01:00 PM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 6/4/13. (lmh, COURT STAFF) (Filed on 6/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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OS ENTERPRISES, LLC,

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Case No. 4:11-cv-04375 SBA (NC)

Plaintiff,
ORDER TO SHOW CAUSE
v.

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FAIRLANE DEPARTMENT CANADA
(1992) LTD., et al.,
Defendants.

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In January 2012, this case was referred for a settlement conference. The

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conference has been scheduled, and continued, three times. In the recent past, a

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conference was scheduled on April 19, 2013 and settlement conference statements were

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due April 12. By April 17, the parties had not submitted settlement conference statements

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and had not asked for a continuance. The Court therefore issued an Order to Show Cause

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why the parties and their counsel should not be sanctioned for failing to follow court

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orders. On April 18, the parties jointly requested that the conference “be continued one

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additional time” but did not propose a date for the conference. Later on April 18, the

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Court continued the OSC hearing and conference to June 3, and ordered each party to

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submit a settlement conference statement no later than May 28. Dkt. No. 28.

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No client or counsel appeared for the June 3 settlement conference and OSC.

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Neither party filed a motion requesting to continue the settlement conference. Neither

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party submitted a settlement conference statement.

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Three strikes and you’re out.

Case No. 4:11-cv-04375 SBA (NC)
ORDER TO SHOW CAUSE

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Accordingly, the Court CONTINUES the Order to Show Cause and settlement

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conference to July 3, 2013, at 1:00 p.m. Both parties must show cause as to why they and

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their counsel should not be sanctioned for repeated failures to follow court orders.

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Statements in opposition to sanctions must be filed by June 26, 2013. In addition, both

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parties must propose by June 26 one or more charitable organizations that would be

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appropriate beneficiaries to receive a charitable contribution form them in place of a

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monetary sanction. Settlement conference statements are also due June 26. Finally, each

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party must be represented at the settlement conference by a client representative with

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unlimited authority to settle the case. If the plaintiff fails to respond to this order, the

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Court may recommend that the case be dismissed for failure to prosecute.

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IT IS SO ORDERED.

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DATED:

June 4, 2013
____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 4:11-cv-04375 SBA (NC)
ORDER TO SHOW CAUSE
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