Hodges v. Akeena Solar, Inc. et al

Filing 127

ORDER To Show Cause Why 65 Motion to Quash Should Not Be Denied As Moot. Signed by Judge Paul S. Grewal on April 22, 2011. (psglc2, COURT STAFF) (Filed on 4/22/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SHARON HODGES, et al.,

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Plaintiffs,
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v.
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AKEENA SOLAR, INC., et al.,
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Defendants.
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___________________________________ )

Case No.: C 09-02147 JW (PSG)
ORDER TO SHOW CAUSE WHY
MOTION SHOULD NOT BE DENIED
AS MOOT
(Re: Docket No. 65)

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On December 6, 2010, all discovery matters in this case were assigned to the undersigned
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following Judge Trumbull' s retirement.
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It has come to the court' s attention that on September 14, 2010, Judge Trumbull heard
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arguments on Defendants’ Motion to Quash (Docket No. 65), but no order issued. Even though
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more than 120 days have passed since the motion was submitted, neither party has filed any notice
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pursuant to Civ. L.R. 7-13. In addition, following reassignment, the undersigned heard argument
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and ruled on another discovery dispute in this case. Finally, a review of the docket indicates that
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Chief Judge Ware has certified the class and that Defendants may be seeking an interlocutory
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appeal. Accordingly,
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IT IS HEREBY ORDERED that Defendants shall show cause why the motion should not
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be denied as moot. No later than May 6, 2011, Defendants shall file a written statement
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regarding whether the issues underlying Defendant' s motion remain in dispute. If Defendants do
ORDER

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not respond by May 6, 2011, the parties shall appear before the undersigned at an order to show

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cause hearing on May 10, 2011 at 2 p.m.

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Dated: April 22, 2011

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PAUL S. GREWAL
United States Magistrate Judge

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ORDER