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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HARRY D. WITTHAUER, et al.,

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Plaintiffs,

Northern District of California

United States District Court

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Case No.: 12-CV-5937 YGR
ORDER TO SHOW CAUSE; CONTINUING CASE
MANAGEMENT CONFERENCE

vs.

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MCKESSON CORPORATION, et al.,

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Defendants.

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On April 4, 2013, the Court stayed this case pending the Ninth Circuit’s decision of certain

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appeals. (Dkt. No. 62.) The Court ordered the parties, among other things, to file a notice of ruling

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when the Ninth Circuit terminated the appeal, and stated that failure to file such notice might “result

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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

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three days after the Ninth Circuit issued the opinion terminating appeal, and set a Case Management

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Conference for October 21, 2013. The undersigned’s Standing Order in Civil Cases requires parties

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to file an updated, joint case management statements seven days in advance of any case management

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conferences. See Standing Order in Civil Cases ¶ 6.1
The Court understands that the Ninth Circuit resolved the relevant appeal on September 24,

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2013. See Romo v. Teva Pharm. USA, Inc., --- F.3d ---, 2013 WL 5314334 (9th Cir. Sept. 24, 2013).

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The Standing Order is available at: http://cand.uscourts.gov/ygrorders

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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

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Court’s 9:01a.m. Calendar, in the United States Courthouse, 1301 Clay Street, Oakland, California, in

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Courtroom 5.

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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

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sanctioned for their failure to timely file a joint case management statement and a notice of decision.

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If the Court is satisfied with the parties’ response, the parties need not appear and the hearing will be

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taken off calendar. Otherwise, lead trial counsel must personally appear at the hearing. Neither a

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Northern District of California

statement, which includes a statement that they have reviewed the Local Rules with respect to their

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United States District Court

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special appearance nor a telephonic appearance will be permitted. Failure to file a joint statement,

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written response or to appear personally will be deemed an admission that no good cause exists and

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that the imposition of monetary sanctions is appropriate.

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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

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