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

Filing 39

ORDER VACATING SETTLEMENT CONFERENCE; AND PROVIDING NOTICE OF POSSIBLE DEFAULT AND SANCTIONS. The Order to Show Cause hearing against Fairline and its counsel remains on calendar 07/03/2013 at 1:00 p.m. in Courtroom A, 15th Floor, 450 Golden Gate Avenue, San Francisco. Signed by Judge Nathanael Cousins on 6/28/13. (lmh, COURT STAFF) (Filed on 6/28/2013)

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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 ENTERPRISE, LLC,

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Plaintiff,

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v.

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FAIRLINE DEVELOPMENT CANADA

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(1992) LTD., and others,

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Defendants.

Case No. 11-cv-04375 SBA (NC)
ORDER VACATING
SETTLEMENT CONFERENCE;
AND PROVIDING NOTICE OF
POSSIBLE DEFAULT AND
SANCTIONS
Re: Dkt. No. 198

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On June 4, 2013, after the parties failed to appear for a settlement conference, the

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Court continued the settlement conference to July 3 and ordered the parties to take certain

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actions by June 26: (1) submit settlement conference statements; (2) show cause why

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clients and counsel should not be sanctioned for repeated failures to follow court orders;

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and (3) propose one or more charitable organizations as appropriate beneficiaries of a

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donation in place of a monetary sanction. Dkt. 34.

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Plaintiff OS Enterprise responded as ordered, and established good cause for its
prior errors. The OSC against OS Enterprise is therefore satisfied.

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Defendant Fairline Development Canada, through its counsel Matthew D. Pearson,

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did not comply with the Court’s order. Fairline filed nothing. Fairline’s counsel also has

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not responded to an email and telephone message left for him by Court staff after he

Case No. 11-cv-04375 SBA (NC)
ORDER VACATING SETTLEMENT CONFERENCE

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failed to respond to the Court’s order.
Under these circumstances, there is no reason to expect that Fairline or its counsel

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will be appearing at the July 3 settlement conference. The settlement conference is

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therefore VACATED.

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The Order to Show Cause hearing against Fairline and its counsel remains on

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calendar July 3, 2013, at 1:00 p.m. in Courtroom A, 15th Floor, 450 Golden Gate, San

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Francisco. Counsel and client must show cause why they should not be sanctioned for

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repeated failures to follow court orders. Furthermore, Fairline must show cause why this

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Court should not recommend that a default be entered against it in this case.

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IT IS ORDERED.

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Date: June 28, 2013

________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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