CJ Investment Services, Inc. et al v. Williams et al

Filing 34

ORDER VACATING PRELIMINARY PRETRIAL CONFERENCE; SETTING ORDER TO SHOW CAUSE RE: DISMISSAL; SETTING PRELIMINARY PRETRIAL CONFERENCE AS TO CROSS-CLAIMS. ***Pretrial Deadlines terminated. Joint Status Statement or Stipulated Dismissal re Settling Defen dant due by 8/16/2010. Order to Show Cause Hearing re Setting Defendants set for 8/30/2010 09:00 AM. Preliminary Pretrial Conference statement due 8/30/2010. Preliminary Pretrial Conference re Defendant Williams' cross-claims set for 8/30/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. No further continuances will be allowed. Please see Order for further specifics. Signed by Judge James Ware on 7/8/2010. (ecg, COURT STAFF) (Filed on 7/8/2010)

CJ Investment Services, Inc. et al v. Williams et al

Doc. 34

1 2 3 4 5 6 7 8 9 10 CJ Investment Services, Inc., et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-05550 JW ORDER VACATING PRELIMINARY PRETRIAL CONFERENCE; SETTING ORDER TO SHOW CAUSE RE: DISMISSAL; SETTING PRELIMINARY PRETRIAL CONFERENCE AS TO CROSS-CLAIMS

United United States District Court

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For the Northern District of California

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Michael D. Williams, et al., Defendants. /

This case is scheduled for a Preliminary Pretrial Conference on June 28, 2010. Pursuant to the Federal Rules of Civil Procedure and Local Rules of this Court, the parties conferred and duly submitted a Joint Pretrial Conference Statement.1 The parties represent that Plaintiffs have reached a settlement with all Defendants except Defendant Williams, but that not all settling parties have signed the settlement agreement at this time. (See id. at 3-4.) Plaintiffs also represent that upon the signing of the agreement by all settling parties, Plaintiffs will dismiss their claims against Defendant Williams, leaving only Defendant Williams' cross-claims against Defendant Bishop in the case. In light of the fact that the settlement agreement has yet to be executed by all settling parties, despite the Court having already twice continued the Preliminary Pretrial Conference to provide the parties additional time to finalize the settlement,2 the Court finds good cause to VACATE the Preliminary Pretrial Conference and orders as follows: (See Docket Item No. 109.) Defendant Williams filed a separate statement. (See Docket Item No. 31.)
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(See Docket Item Nos. 26, 28.)

Dockets.Justia.com

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(1)

On or before August 16, 2010, the settling 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 settling parties shall appear in Courtroom No. 8, 4th Floor, United States District Court, 280 South First Street, San Jose, Ca on August 30, 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 August 16, 2010, the settling 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.

United States District Court

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For the Northern District of California

(2)

As to Defendant Williams' cross-claims, the Court sets August 30, 2010 at 11 a.m. as a Preliminary Pretrial Conference for this part of the case. On or before August 16, 2010, the relevant parties shall file a Joint Preliminary Pretrial Conference Statement. The Joint Statement shall include a good faith proposed trial schedule as well as an update on the parties readiness for trial and any settlement efforts.

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No further continuances will be allowed.

Dated: July 8, 2010

JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Blake D. Stamm [e-mail] Lucy F. Wang [e-mail] Robert Alan Rees [e-mail] Terry John Mollica [e-mail] Thomas Moore [e-mail] Michael D Williams 3005 Duval Court Gilroy, Ca 95020

Dated: July 8, 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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