Full Circle Sales, Inc. et al v. Organic Alliance, Inc.

Filing 41

ORDER re 40 Joint Status Report. Signed by Judge Lucy H. Koh on 6/14/12. (lhklc3, COURT STAFF) (Filed on 6/14/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 16 FULL CIRCLE SALES, INC., a Montana corporation; GROWERS EXPRESS, LLC, a limited liability company; STEINBECK COUNTRY PRODUCE, INC., a corporation; STEVE W. ALMQUIST d/b/a STEVE ALMQUIST SALES AND BROKERAGE; DANIEL ANDREWS d/b/a DAN ANDREWS FARMS, a sole proprietorship; FRESH NETWORK, LLC, a limited liability company; QUEBEC DISTRIBUTING CO., INC., a corporation, 17 18 19 Plaintiffs, v. ORGANIC ALLIANCE, INC., a Nevada corporation, 20 Defendant. 21 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 11-cv-03402-LHK ORDER RE: JOINT STATUS REPORT 22 A motion to dismiss Plaintiff’s First Amended Complaint has been pending in this action 23 since September 9, 2011. See ECF No. 15. The Court granted the parties’ joint stipulation to 24 continue the initial case management conference and hearing on Defendant’s motion to dismiss on 25 September 23, 2011, based on the parties’ represented expectation of a global settlement that would 26 result in resolution of the matter and dismissal of the action in its entirety. See ECF No. 21. This 27 case was reassigned to the undersigned judge on December 19, 2011. See ECF No. 33. On March 28 1 Case No.: 11-cv-03402-LHK ORDER RE: JOINT STATUS REPORT 8, 2012, the Court again granted the parties’ stipulated request to continue the hearing on 2 Defendant’s motion to dismiss and the case management conference, both set for March 15, 2012, 3 to June 28, 2012, based on the parties’ representation that they expected to be able to settle this 4 case in its entirety within 60 days from the date of their stipulation. See ECF No. 36 (Stipulation); 5 ECF No. 38 (Order). On June 11, 2012, the Court ordered the parties to file either a stipulation of 6 dismissal or a status report by June 15, 2012. See ECF No. 39. On June 13, 2012, the parties filed 7 a joint status report indicating that “[t]he parties have made progress in resolving several of the 8 claims in this lawsuit,” but advising the Court that full resolution of the case will require another 9 eight to ten weeks. ECF No. 40. On that basis, the parties request yet another continuation of the 10 United States District Court For the Northern District of California 1 June 28, 2012 case management conference and hearing on Defendant’s motion to dismiss. Id. at 11 3. 12 This lawsuit has been docketed for nearly one year (since July 12, 2011), and Defendant’s 13 motion to dismiss has been pending for nine months, as a result of the parties’ repeated requests for 14 continuances. The Court will not grant further continuances. The Court strongly recommends that 15 the parties stipulate to a dismissal without prejudice and a tolling agreement. The parties may 16 stipulate to a dismissal with prejudice in ten weeks. If the parties do not stipulate to a dismissal 17 without prejudice by June 19, 2012, then the case management conference and hearing on 18 Defendant’s motion to dismiss will proceed on June 28, 2012, at 1:30 p.m. 19 IT IS SO ORDERED. 20 21 Dated: June 14, 2012 _________________________________ LUCY H. KOH United States District Judge 22 23 24 25 26 27 28 2 Case No.: 11-cv-03402-LHK ORDER RE: JOINT STATUS REPORT

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