Fibertrek, Inc. et al v. Preferred Corporate Services, Inc. et al

Filing 84

ORDER TO SHOW CAUSE RE: SETTLEMENT; CONTINUING PRELIMINARY PRETRIAL CONFERENCE AS TO NON-SETTLING DEFENDANT. The 2/22/2010 preliminary pretrial conference is VACATED. Order to Show Cause Hearing set for 3/22/2010 09:00 AM. Parties shall file a joint statement in response to the Show Cause or Stipulated Dismissal pursuant to FRCP 41(a) due by 3/12/2010. Joint Preliminary Pretrial Conference Statement due 3/12/2010. Preliminary Pretrial Conference as to Defendant Douglas Gregg continued t o 3/22/2010 11:00 AM., after the hearing on the Order to Show Cause re: Settlement, in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 2/17/2010. (ecg, COURT STAFF) (Filed on 2/18/2010) Modified on 3/18/2010 (cv, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 Fibertrek, Inc., et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-03415 JW ORDER TO SHOW CAUSE RE: SETTLEMENT; CONTINUING PRELIMINARY PRETRIAL CONFERENCE AS TO NON-SETTLING DEFENDANT /

United United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Preferred Corporate Services, Inc., et al., Defendants.

On February 16, 2010, Plaintiffs informed the Court that the above-entitled matter has reached a settlement as to all Defendants except Douglas Gregg, who Plaintiffs are informed and believe is deceased. (See Notice of Partial Settlement, Docket Item No. 83.) In light of the settlement, the Court vacates all trial and pretrial dates as to the settling Defendants, including the Preliminary Pretrial Conference scheduled for February 22, 2010. On or before March 12, 2010, the parties shall file a stipulated dismissal pursuant to Federal Rule of Civil Procedure 41(a). If a dismissal is not filed by the specified date, all parties shall appear in Courtroom No. 8, 4th Floor, United States District Court, 280 South First Street, San Jose, Ca. on March 22, 2010 at 9 a.m. and to show cause, if any, why the case should not be dismissed pursuant to Fed. R. Civ. P. 41(b). On or before March 12, 2010, the parties shall file a joint statement in response to the Order to Show Cause. The joint statement shall set forth the status of the activities of the parties for finalizing the settlement and how much additional time is requested to finalize and file the dismissal. If a voluntary dismissal is filed as ordered, the Order to Show Cause hearing will be automatically vacated.

1 2 3 4 5 6 7 8 9 10

Plaintiffs further represent that they intend to substitute the Estate of Douglas Gregg as a Defendant in this action, and they request from the Court a ninety-day continuance of the Preliminary Pretrial Conference to allow such substitution to occur and for the Estate of Douglas Gregg to respond to the complaint or for a default to be entered. (Notice of Partial Settlement at 2.) The Court finds that such a lengthy continuance is unnecessary to merely substitute a Defendant. However, the Court does find good cause to provide the parties with some additional time for that purpose. Accordingly, the Court CONTINUES the Preliminary Pretrial Conference as to Defendant Douglas Gregg to March 22, 2010 at 10 a.m., after the hearing on the Order to Show Cause re Settlement. On or before March 12, 2010, the remaining parties shall file a Joint Preliminary Pretrial Statement. The Statement shall include, among other things, an updated on the parties' settlement effort if any, and the parties' proposed schedules as to how the case should proceed.

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: February 17, 2010

JAMES WARE United States District Judge

2

1 2 3 4 5 6 7 8 9 10

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Brian Michael Affrunti [e-mail] Claudia Carolina Bohorquez [e-mail] Douglas W. Dal Cielo [e-mail] Robert John Huston [e-mail]

Dated: February 17, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28