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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?