Witthauer et al v. McKesson Corporation et al

Filing 89

ORDER Compliance hearing set for 9/13/2013 09:01 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers; June 14, 2013 compliance hearing vacated; Motion to appear by telephone (#87) denied. Signed by Judge Gonzalez Rogers on 6/13/13.(kk, COURT STAFF) (Filed on 6/13/2013) Modified on 6/13/2013 (kk, COURT STAFF).

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 HARRY D. WITTHAUER et al., 6 7 8 Plaintiff(s), vs. Case No.: 12-CV-05937 YGR ORDER (1) VACATING COMPLIANCE HEARING; (2) SETTING NEXT COMPLIANCE HEARING; AND (3) DENYING AS MOOT MOTION TO APPEAR BY TELEPHONE MCKESSON CORPORATION et al., 9 Defendant(s). 10 11 Having reviewed the Status Report filed by the Plaintiffs on June 11, 2013, the Court hereby Northern District of California United States District Court 12 VACATES the June 14, 2013 Compliance Hearing and SETS the next Compliance Hearing for Friday, 13 September 13, 2013 at 9:01 a.m. 14 Five (5) business days prior to the date of the Compliance Hearing, Plaintiffs must file a 15 Statement updating the Court on the status of the appellate proceedings. If the Statement has been 16 timely filed, no appearance will be required and the Compliance Hearing will be taken off calendar. 17 Telephonic appearances will be allowed if the statement has been submitted in a timely fashion and 18 the Court deems the hearing necessary. Failure to do so may result in sanctions. 19 In addition, Plaintiffs shall file a notice of ruling when the Ninth Circuit has issued a ruling 20 that terminates the appeal. Failure to file the Statement, appear at the Compliance Hearing, or file a 21 notice that the Ninth Circuit has terminated the appeal may result in sanctions, including monetary 22 sanctions or dismissal. 23 24 25 26 27 28 The Motion to Appear by Telephone at the Status Conference (Dkt. No. 87) is DENIED AS MOOT. IT IS SO ORDERED. Dated: June 13, 2013 _____________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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