Eddings v. Eddings et al

Filing 46

ORDER Denying Request for Extension of Deadlines Without Prejudice. Signed by Judge Lucy H. Koh on 12/13/2010. (lhklc2, COURT STAFF) (Filed on 12/13/2010)

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Eddings v. Fidelity Employer Services Company LLC Doc. 46 1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JULIA A. EDDINGS, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Petitioner, ) v. ) ) JAMES EDDINGS, ) ) Respondent. ) ) JAMES EDDINGS, ) ) Plaintiff, ) v. ) ) FIDELITY EMPLOYER SERVICES ) COMPANY LLC; AT&T PENSION BENEFIT ) PLAN, ) ) Defendants. ) ) Case No.: 09-CV-05549-LHK ORDER DENYING PARTIES' REQUEST FOR EXTENSION OF DEADLINE WITHOUT PREJUDICE On September 22, 2010, the Court held an initial Case Management Conference in this matter. No schedule was set at this time. In the subsequent Case Management Order, the Court ordered the parties to submit a proposed case schedule by December 13, 2010 and set a further Case Management Conference for December 20, 2010. In addition, the Court ordered that the Defendants respond to the Plaintiff's settlement offer by October 12, 2010. On December 9, 2010, the parties filed a stipulation seeking a continuation of the December 20, 2010 Case Management Conference for 45 days, until February 2, 2011. The parties state that they "are endeavoring to finalize the terms and agreement in support of a global settlement of the case . . . .". Case No.: 09-CV-05549-LHK ORDER DENYING REQUEST FOR EXTENSION OF DEADLINE WITHOUT PREJUDICE Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties must provide some additional information before the Court can grant this request. The parties must explain why the Court should set a new deadline for the filing of a Joint Case Management Statement and schedule a new Case Management Conference if the settlement is nearly finalized, and why the parties need until February 2, 2011 to finalize any settlement agreement. Until this information is received, the Court DENIES the request to postpone the Case Management Conference. Should the parties reach a settlement and stipulate to dismissal with prejudice of all claims, the Court will close the case and terminate all deadlines, including the December 20, 2011 Case Management Conference. IT IS SO ORDERED. Dated: December 13, 2010 _________________________________ LUCY H. KOH United States District Judge Case No.: 09-CV-05549-LHK ORDER DENYING REQUEST FOR EXTENSION OF DEADLINE WITHOUT PREJUDICE

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