State Farm Life Insurance Company v. Cai et al

Filing 65

ORDER Continuing Case Management Conference and Recommending Stipulation of Dismissal. Signed by Judge Lucy H. Koh on 1/19/2012. (lhklc1, COURT STAFF) (Filed on 1/19/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION
STATE FARM LIFE INSURANCE
COMPANY,
v.

Plaintiff,

JASON CAI and THE ESTATE OF YING
DENG, Deceased,
Defendants.

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Case No.: 09-CV-00396-LHK
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND
RECOMMENDING STIPULATION OF
DISMISSAL

The complaint in the above-captioned matter was filed on January 28, 2009. ECF No. 1.

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The matter was reassigned to the undersigned judge on August 2, 2010. ECF No. 38. The parties

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have not had an initial case management conference, nor have the parties exchanged initial

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disclosures. Moreover, Defendant Cai has been in custody and unrepresented since the beginning

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of this case and is currently awaiting trial in his criminal matter. ECF No. 33. This lawsuit

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concerns the distribution of the proceeds of Mr. Cai’s deceased wife’s life insurance policy.

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Concurrent with the filing of the complaint, State Farm, the carrier of Mr. Cai’s deceased wife’s

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life insurance policy, deposited the insurance proceeds plus interest, in the amount of $303,907.36,

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with the Clerk of the Court. Receipt # 54611004592, Dkt. Text, ECF No. 1.

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On March 25, 2011, the Court issued an Order referring Defendant Cai to the Federal Pro

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Bono roject. ECF No. 60. Thus far, the Project has been unable to identify an attorney willing to

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take this case on a pro bono basis. However, the Project continues to search for such an attorney.

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Case No.: 09-CV-00396-LHK
ORDER CONTINUING CMC AND RECOMMENDING STIPULATION OF DISMISSAL

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On January 19, 2012, Defendant Cai requested that the Court continue the case

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management conference set for January 25, 2012, to a later date. ECF No. 64. Considering that

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Defendant Cai’s participation at the case management conference will be seriously hampered due

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to his custodial status and to his lack of legal representation, the Court GRANTS Defendant Cai’s

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request, and continues the case management conference to February 29, 2012, at 2:00 p.m.

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This matter has been open for nearly three years and discovery has not commenced. In
light of the above-mentioned challenges to Defendant Cai’s active participation in this matter, the

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Court asks the parties to consider stipulating to a dismissal without prejudice and to the tolling of

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the statute of limitations for any claims and counterclaims. See, e.g., O’Keeffe’s Inc. v. Technical

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United States District Court
For the Northern District of California

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Glass Prods., 5:07-CV-03535-LHK, ECF No. 154. If the parties file a stipulation of dismissal by

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12:00 p.m. on February 22, 2012, the Court will vacate the case management conference set for

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2:00 p.m. on February 29, 2012. Alternatively, the parties may consider moving the Court to stay

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this action and administratively close the file pending resolution of Defendant Cai’s criminal trial

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and/or his appointment of counsel.

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IT IS SO ORDERED.

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Dated: January 19, 2012

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LUCY H. KOH
United States District Judge

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Case No.: 09-CV-00396-LHK
ORDER CONTINUING CMC AND RECOMMENDING STIPULATION OF DISMISSAL