Estrada et al v. Salyer American et al

Filing 96

ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING DEADLINE TO FILE MOTION FOR DEFAULT JUDGMENT re 92 Joint Case Management Statement. Deadline for Motions for Entry of Default due by 4/12/2010. Signed by Judge James Ware on 3/24/2010. (ecg, COURT STAFF) (Filed on 3/25/2010)

1 2 3 4 5 6 7 8 9 10 Felisa Estrada, et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-05618 JW ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING DEADLINE TO FILE MOTION FOR DEFAULT JUDGMENT /

United United States District Court

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For the Northern District of California

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Salyer American Fresh Foods, et al., Defendants.

This case is scheduled for a Case Management Conference on March 29, 2010. Pursuant to the Federal Rules of Civil Procedure and Local Rules of this Court, the parties conferred and duly submitted a Joint Case Management Statement. (hereafter, "Statement," Docket Item No. 92.) In the Statement, Plaintiffs represent that the following parties were served on February 27, 2010, but have yet to file responsive pleadings: (1) Salyer American Fresh Foods, Inc., (2) SK Frozen Foods, LLC, (3) The Scott Salyer Revocable Trust, (4) Scott Salyer, individually and dba Salyer American (collectively, "Salyer Defendants"). (Statement at 2.) Plaintiffs further represent that due to the Salyer Defendants' failure to appear,1 the parties have not been able to conclude meaningful discussions about issues pertaining to discovery, narrowing of issues, ADR, scheduling and trial. (Id.) The parties jointly request a continuance of the Case Management Conference until a date after the Salyer Defendants have appeared. (Id.) The Court notes that the time for the Salyer Defendants to serve responsive pleadings has passed. See Fed. R. Civ. P. 12(a)(1). Accordingly, on or before April 12, 2010, Plaintiffs shall file the appropriate motion for entry of default as to the Salyer Defendants if they have not yet made an appearance in the action.
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In light of the Salyer Defendants' failure to appear, the Court VACATES the Case Management Conference. In its Order addressing the pending Motions to Dismiss, the Court will set a new Case Management Conference, if necessary, as to the Defendants who have made appearances.

Dated: March 24, 2010

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Bernard James Fitzpatrick [e-mail] Charles Swanston [e-mail] Daniel F. Wake [e-mail] Joseph N. Demko [e-mail] Robert B. Kaplan [e-mail] Robert E. Schaberg [e-mail] Stephen Kirk Ingebretsen [e-mail] William G. Gaede [e-mail] William Martin Woolman [e-mail]

Dated: March 24, 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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