Hwang v. WH Shipping LLC et al

Filing 39

ORDER Re-Setting Final Pretrial Conference. Final pretrial conference re-set for 4/10/2012, 1:30 PM. Parties admonished to comply with the court's Standing Order re Pretrial Preparation. Bench trial set to begin on 1/23/2012 vacated. Signed by Magistrate Judge Howard R. Lloyd on 1/17/2012. (hrllc2, COURT STAFF) (Filed on 1/17/2012)

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1 2 *E-FILED January 17, 2012* 3 4 5 6 NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 No. C10-02382 HRL GEMMA HWANG, For the Northern District of California United States District Court 7 12 ORDER RE-SETTING FINAL PRETRIAL CONFERENCE Plaintiff, 13 v. 14 15 16 17 WH SHIPPING LLC; WOLFHOUND SERVICES CORP.; NAMAHAGI VENTURES LLC; RICHARD J. COLOSIMO; MICHAEL A. PRINCI, Defendants. / 18 19 Following the parties’ failure to properly prepare for the final pretrial conference and 20 bench trial (originally set for June 21, 2011 and June 27, 2011, respectively), the final pretrial 21 conference was re-set for January 17, 2012 and the bench trial was re-set to begin on January 22 23, 2012. Although plaintiff filed a pretrial statement in advance of the January 17 conference, 23 she failed to submit any of the other documents (e.g., proposed findings of fact and conclusions 24 of law, trial briefs, motions in limine, etc.) required by this court’s Standing Order re Pretrial 25 Preparation. Defendants failed to make any of the required pretrial filings. They also failed to 26 appear at the January 17 conference. 27 28 This court is informed that defendant WH Shipping has filed for Chapter 7 bankruptcy. However, the parties have presented nothing to this court indicating that the stay of these 1 proceedings as to WH Shipping has been extended to the other defendants. Nor is this court 2 convinced by plaintiff’s arguments that trial cannot now proceed as to those other defendants. 3 Nevertheless, the parties having once again failed to comply with the undersigned’s Standing 4 Order re Pretrial Preparation, and plaintiff having requested a brief continuance while she 5 pursues a request for relief from the stay as to WH Shipping, IT IS ORDERED THAT: 6 1. The final pretrial conference is continued to April 10, 2012, 1:30 p.m. The 7 parties are admonished to comply with the undersigned's Standing Order re: 8 Pretrial Preparation with regard to the timing and content of the Joint Pretrial 9 Statement, and other pretrial submissions. 11 For the Northern District of California United States District Court 10 12 2. The bench trial set to begin on January 23, 2012 is vacated and will be re-set at the final pretrial conference. Dated: January 17, 2012 ________________________________ HOWARD R. LLOYD 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 5:10-cv-02382-HRL Notice has been electronically mailed to: 2 Eugene Steven Alkana 3 Richard J Colosimo 4 Richard James Colosimo 5 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. eugenealkana@mindspring.com rick@asdworld.com rick@asdworld.com 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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