Trustees of the U.A. Local 393 Pension Fund and the U.A. Local 393 Health and Welfare Trust Fund v. Cryometrix, Inc.

Filing 6

INTERIM ORDER re 5 Plaintiff's Request for Conditional Dismissal; Setting Deadline for Plaintiff to File Either a "Consent to Proceed Before a United States Magistrate Judge," or Else a "Declination to Proceed Before a United States Magistrate Judge and Request for Reassignment"; and Continuing Case Management Conference. Signed by Judge Patricia V. Trumbull on 4/20/10. (pvtlc1) (Filed on 4/20/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The holding of this court is limited to the facts and the particular circumstances underlying the present motion. OR D E R, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

TRUSTEES OF THE U.A. LOCAL 393 PENSION FUND AND THE U.A. LOCAL 393 HEALTH AND WELFARE TRUST FUND,

) ) ) ) ) Plaintiff, ) ) v. ) ) CRYOMETRIX, INC., et al, ) ) Defendants. ) ___________________________________ )

Case No.: C 10-0269 PVT INTERIM ORDER RE PLAINTIFF'S REQ U EST FOR CONDITIONAL DISMISSAL; SETTIN G DEADLINE FOR PLAINTIFF TO FIL E EITHER A "CONSENT TO PROCEED BEFO R E A UNITED STATES MAGISTRATE JU D G E," OR ELSE A "DECLINATION TO PR O C EED BEFORE A UNITED STATES MA G I ST R A T E JUDGE AND REQUEST FOR REA SSIG N M E N T"; AND CONTINUING CASE MA N A G E M E N T CONFERENCE

On April 14, 2010, Plaintiff filed a request for a conditional dismissal.1 Based on the request and the file herein, IT IS HEREBY ORDERED that, no later than May 4, 2010, Plaintiff shall submit a revised form of conditional dismissal that sets forth a reasonable deadline for Plaintiff to request reactivation of this action in the event the terms of the settlement agreement are not met. Absent such a time limit, Plaintiff could impermissibly extend the statute of limitations indefinitely. See, e.g., Brennan v. Kulick, 407 F.3d 603, 607 (3d Cir. 2005). IT IS FURTHER ORDERED that, no later than May 4, 2010, Plaintiff shall file either a

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"Consent to Proceed Before a United States Magistrate Judge," or else a "Declination to Proceed Before a United States Magistrate Judge and Request for Reassignment." Both forms are available from the clerk of the court, or from the "Forms" section of the court's website (www.cand.uscourts.gov). IT IS FURTHER ORDERED that the Case Management Conference is CONTINUED to May 25, 2010. Dated: 4/20/10 PATRICIA V. TRUMBULL United States Magistrate Judge

OR D E R, page 2