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)

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