Witthauer et al v. McKesson Corporation et al

Filing 96

ORDER TO SHOW CAUSE; CONTINUING CASE MANAGEMENT CONFERENCE. Order to Show Cause Hearing set for Friday, 11/1/2013 09:01 AM. Show Cause Response due by 10/25/2013. Case Management Conference set for 10/21/2013 is CONTINUED to Monday, 11/4/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge Yvonne Gonzalez Rogers on 10/16/13. (fs, COURT STAFF) (Filed on 10/16/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 HARRY D. WITTHAUER, et al., 11 Plaintiffs, Northern District of California United States District Court 12 Case No.: 12-CV-5937 YGR ORDER TO SHOW CAUSE; CONTINUING CASE MANAGEMENT CONFERENCE vs. 13 MCKESSON CORPORATION, et al., 14 Defendants. 15 On April 4, 2013, the Court stayed this case pending the Ninth Circuit’s decision of certain 16 17 appeals. (Dkt. No. 62.) The Court ordered the parties, among other things, to file a notice of ruling 18 when the Ninth Circuit terminated the appeal, and stated that failure to file such notice might “result 19 in sanctions, including monetary sanctions or dismissal.” (Id.) On September 12, 2013, the Court clarified that any notice of ruling was due no more than 20 21 three days after the Ninth Circuit issued the opinion terminating appeal, and set a Case Management 22 Conference for October 21, 2013. The undersigned’s Standing Order in Civil Cases requires parties 23 to file an updated, joint case management statements seven days in advance of any case management 24 conferences. See Standing Order in Civil Cases ¶ 6.1 The Court understands that the Ninth Circuit resolved the relevant appeal on September 24, 25 26 2013. See Romo v. Teva Pharm. USA, Inc., --- F.3d ---, 2013 WL 5314334 (9th Cir. Sept. 24, 2013). 27 28 1 The Standing Order is available at: http://cand.uscourts.gov/ygrorders 1 2 3 The parties are ORDERED TO SHOW CAUSE why they should not be sanctioned for failure to timely file (1) a notice of decision and (2) a joint case management statement. A hearing on this Order to Show Cause will be held on Friday, November 1, 2013 on the 4 Court’s 9:01a.m. Calendar, in the United States Courthouse, 1301 Clay Street, Oakland, California, in 5 Courtroom 5. 6 By no later than Friday, October 25, 2013, the parties must file (1) a joint case management responsibilities; and (2) a written response to this Order to Show Cause why they should not be 9 sanctioned for their failure to timely file a joint case management statement and a notice of decision. 10 If the Court is satisfied with the parties’ response, the parties need not appear and the hearing will be 11 taken off calendar. Otherwise, lead trial counsel must personally appear at the hearing. Neither a 12 Northern District of California statement, which includes a statement that they have reviewed the Local Rules with respect to their 8 United States District Court 7 special appearance nor a telephonic appearance will be permitted. Failure to file a joint statement, 13 written response or to appear personally will be deemed an admission that no good cause exists and 14 that the imposition of monetary sanctions is appropriate. 15 16 17 18 The Case Management Conference set for Monday, October 21, 2013, is CONTINUED to 2:00 p.m. on Monday, November 4, 2013. IT IS SO ORDERED. Date: October 16, 2013 ___________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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