Advanced Microtherm, Inc. v. Norman Wright Mechanical Equipment Corporation et al

Filing 1764

ORDER RE: PAYMENTS TO FORMER SPECIAL MASTER; SETTING HEARING ON ORDER TO SHOW CAUSE RE: CONTEMPT OF COURT. Order to Show Cause Hearing set for 8/23/2010 09:00 AM. This hearing will be vacated if all payments are paid on or before 8/6/2010, and the Court receives a Status Report from Mr. Denver to that effect. Please see Order for further specifics. Signed by Judge James Ware on 7/15/2010. (ecg, COURT STAFF) (Filed on 7/15/2010)

Advanced Microtherm, Inc. v. Norman Wright Mechanical Equipment Corporation et al

Doc. 1764

1 2 3 4 5 6 7 8 9 10 Advanced Microtherm, Inc., at al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 04-02266 JW ORDER RE: PAYMENTS TO FORMER SPECIAL MASTER; SETTING HEARING ON ORDER TO SHOW CAUSE RE: CONTEMPT OF COURT

United United States District Court

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For the Northern District of California

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Norman Wright Mechanical Equipment Corp., et al., Defendants. /

On June 11, 2010, the Court entered an order striking Magistrate Judge Trumbull's September 11, 2009 Report and Recommendation. (hereafter, "Order," Docket Item No. 1711.) The Court held that, "[b]ased on the record of the case as a whole and the fact that no party ever complained of the Special Master's fees during his three years of appointment to the case, the Court finds that the Special Master's fees are reasonable and that his service to the Court in this case was consistently of high quality." (Order at 2.) The Court ordered that ". . . all payments due and owning to the Special Master shall be paid within fifteen (15) days from the date of this Order." (Id.) More importantly, the Court unequivocally ordered that "[f]ailure to do so will result in further sanctions by the Court." (Id.) On July 13, 2010, well over the fifteen day deadline set by the Court's June 11 Order, Mr. Denver filed his Status Report informing the Court that Plaintiff is still delinquent on its payment. (Docket Item No. 1759.) On July 15, 2010, Mr. Denver filed a Further Status Report to inform the Court that he has been in communication with Plaintiffs' counsel and that counsel has asked for a

Dockets.Justia.com

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reasonable time to resolve the outstanding payments. (Docket Item No. 1763.) Mr. Denver has agreed to provide Plaintiffs until July 27, 2010 to investigate and respond to the outstanding payments. Because the Court unequivocally ordered that all payments due and owning to the Special Master be paid and Plaintiffs have failed to do so, the Court sets August 23, 2010 at 9 a.m. as a hearing on an Order to Show Cause re: Contempt of Court against Plaintiffs. This hearing will be vacated if all payments are paid on or before August 6, 2010, and the Court receives a Status Report from Mr. Denver to that effect.

Dated: July 15, 2010

United States District Court

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For the Northern District of California

JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Bruce Harry Winkelman [e-mail] Cassiana Aaronson [e-mail] David Irwin Kornbluh [e-mail] Dennis P. Fitzsimons [e-mail] Eric Charles McAllister [e-mail] Flora F Vigo [e-mail] Gary Alexander Sloboda [e-mail] George Castro Leal [e-mail] George Fred Salamy [e-mail] Howard Ira Miller [e-mail] Janette George Leonidou [e-mail] Jeffrey Gordon Nevin [e-mail] Jill Battilega Rowe [e-mail] John Francis McLean [e-mail] John J. Bartko [e-mail] John Morwick Ross [e-mail] John T. Williams [e-mail] Joseph M. Alioto [e-mail] Joseph Michelangelo Alioto [e-mail] Julie Dawn Wood [e-mail] Kenneth Lawrence Mahaffey [e-mail] LeCarie Shalece Whitfield [e-mail] Lisa Dritsas Wright [e-mail] Maria Giardina [e-mail] Mark Ewell Ellis [e-mail] Matthew A. Fischer [e-mail] Maureen Ellen McTague [e-mail] Merrit Jones [e-mail] Michael David Abraham [e-mail] Michael Frederick Tubach [e-mail] Robert H. Bunzel [e-mail] Russell F. Brasso [e-mail] Sloan C. Bailey [e-mail] Stephen D. Kaus [e-mail] Steven Ellis Conigliaro [e-mail] Theresa Driscoll Moore [e-mail] Thomas Charles Tagliarini [e-mail] Thomas H R Denver [e-mail] William Hugh McInerney [e-mail] William James McGahan [e-mail] Zane D. Negrych [e-mail] Dated: July 15, 2010 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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