Sutherland et al v. Francis

Filing 55

ORDER Setting Case Management Conference and Deadlines. Signed by Judge Lucy H. Koh on 4/27/2016. (lhklc3, COURT STAFF) (Filed on 4/27/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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RICHARD SUTHERLAND, et al.,
Plaintiffs,

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Case No. 12-CV-05110-LHK
ORDER SETTING CASE
MANAGEMENT CONFERENCE AND
DEADLINES

v.

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THOMAS E. FRANCIS,

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Defendant.

Re: Dkt. No. 54

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Anthony Malfatti as well as Richard Sutherland, as assignee of Nigel Allen, Fred Pilster,

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Sal Ruiz, and Judith Lavender (collectively, “Plaintiffs”), sued Defendant Thomas Francis

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(“Defendant”) over agreements to purchase interests in heavy machinery as part of an alleged

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“Ponzi” scheme. On June 10, 2013, the Court dismissed Plaintiffs’ First Amended Complaint

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with leave to amend. ECF No. 39. On March 3, 2014, the Court dismissed Plaintiffs’ Second

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Amended Complaint with prejudice. ECF No. 48. Plaintiffs appealed. ECF No. 49. On March

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30, 2016, the Ninth Circuit affirmed the Court’s dismissal of the Second Amended Complaint but

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ordered the Court to provide Plaintiffs another opportunity to amend their complaint and cure the

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identified deficiencies. ECF No. 53. The Court received the mandate of the Ninth Circuit on

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April 26, 2016. ECF No. 54.

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Case No. 12-CV-05110-LHK
ORDER SETTING CASE MANAGEMENT CONFERENCE AND DEADLINES

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Plaintiffs are hereby ORDERED to file the Third Amended Complaint within 30 days of

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this order. A case management conference is SET for June 8, 2016, at 2:00 p.m. The parties shall

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file a joint case management statement with a proposed case schedule by June 1, 2016.

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IT IS SO ORDERED.

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Dated: April 27, 2016
______________________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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Case No. 12-CV-05110-LHK
ORDER SETTING CASE MANAGEMENT CONFERENCE AND DEADLINES