Kassa et al v. BP West Coast Products, LLC

Filing 59

ORDER by Judge Whyte denying 52 Motion to Dismiss for Lack of Prosecution; ordering plaintiff to produce documents and pay remaining monetary sanctions by September 8, 2009. (rmwlc3, COURT STAFF) (Filed on 8/21/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OMER KASSA, individually; OMER KASSA dba H & O, INC., and H & O, INC., Plaintiffs, v. BP WEST COAST PRODUCTS, LLC, dba ARCO PRODUCTS COMPANY and DOES 1 to 50, Defendants. Defendant BP West Coast Products LLC's motion to dismiss came on for hearing before the court on August 21, 2009. Plaintiff filed papers in opposition to the motion but did not appear at the hearing. Having considered the papers submitted by the parties and the arguments of defendant's counsel at oral argument, defendant's motion to dismiss is denied. Dismissal is too severe a sanction at this time. Nevertheless, for good cause appearing, plaintiff is hereby ordered to produce all documents that have not yet been produced that are the subject of defendant's requests for production and which have been ordered to be produced by prior order of the court. These document shall be produced on or before September 8, 2009. Plaintiff shall be precluded from using any documents within this category that are not produced by that date. Plaintiff is further ordered to pay the remaining
ORDER DENYING MOTION TO DISMISS No. C-08-02725 RMW TER

E-FILED on:

8/21/09

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

No. C-08-02725 RMW

ORDER DENYING DEFENDANT'S MOTION TO DISMISS [Re Docket No. 52]

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monetary sanctions ordered by the court's June 22, 2009 Order on or before September 8, 2009. Failure to pay the monetary sanctions as so ordered will result in dismissal of this action.

DATED:

8/21/09

RONALD M. WHYTE United States District Judge

ORDER DENYING MOTION TO DISMISS No. C-08-02725 RMW TER

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Notice of this document has been electronically sent to: Counsel for Plaintiffs: George Holland, Sr. Counsel for Defendants: Deborah Yoon Jones Kurt Vandercook Osenbaugh MacKenzie Elizabeth Bright Hunt [e-mail] [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

8/21 /2009

TER Chambers of Judge Whyte

ORDER DENYING MOTION TO DISMISS No. C-08-02725 RMW TER

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