Robertson v. Struffert

Filing 102

ORDER RE CASE STATUS. Signed by Judge Jeffrey S. White on 11/19/2015. jswlc1S, COURT STAFF) (Filed on 11/19/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WAYNE J. ROBERTSON, Case No. 12-cv-04698-JSW Plaintiff, 8 v. ORDER RE CASE STATUS 9 10 W. STRUFFERT, et al., Defendants. United States District Court Northern District of California 11 12 On October 28, 2015, a minute entry for settlement conference proceedings in this matter 13 indicated that the matter had settled. However, this case remains pending, and the pretrial 14 conference remains on calendar for December 7, 2015. 15 The parties are reminded that they must comply with the standing orders of the 16 undersigned, including the Guidelines for Trial and Final Pretrial Conference in Civil Jury Cases 17 Before the Honorable Jeffrey S. White. Under these Guidelines, the parties’ pretrial filings are 18 due fourteen days in advance of the final pretrial conference, which, in this case, means that the 19 pretrial filings are due Monday, November 23, 2015. 20 21 22 23 24 25 26 27 28 The parties also are reminded that paragraphs 44 and 45 of these same Guidelines provide as follows: 44. Shortly before trial or the final pretrial conference, counsel occasionally wish jointly to advise the Court or the Courtroom Deputy Clerk that a settlement has been reached and to take the pretrial conference or trial off calendar. Cases cannot be taken off calendar in this manner. Unless and until a stipulated dismissal or judgment is filed or placed on the record, all parties must be prepared to proceed with the final pretrial conference as scheduled and to proceed to trial on the trial date, or face dismissal of the case for lack of prosecution or entry of default judgment. Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed. If counsel expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately in e writing or, if it occu over the weekend before the trial or urs e conference, by voice mail to the Courtroom Deputy Cle m erk. The with couns Court will attempt to confer w t sel as prom mptly as circumstanc permit to determine if a continuance will be in order. ces o e Pending su a confer uch rence, howe ever, counse must pre el epare and make all fili ings and be prepared to p p proceed with the trial. h 1 2 3 4 45. Loca Rule 40-1 provides th jury cost may be as al 1 hat ts ssessed as sanctions fo failure to provide the Court with timely writt notice or ten of a settlem ment. Please be aware th any settle hat ement reach on the hed day of trial, during tria or at any time after the jury or potential al, y r jurors have been summ moned witho sufficient time to ca out t ancel, will normally req quire the par rties to pay j juror costs. 5 6 7 8 9 10 United States District Court Northern District of California 11 12 rties and cou unsel are rem minded that f failure to com mply with an order of t Court, ny this The par inc cluding a sch heduling order or the Guidelines for Trial and Fin Pretrial C nal Conference, may result in sanctions. s IT IS SO ORDER S RED. Da ated: Novemb 19, 2015 ber 5 13 __ ___________ __________ ____ JE EFFREY S. W WHITE Un nited States D District Judg ge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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