Allegro Consultants, Inc. v. Wellington Technologies, Inc. et al

Filing 12

ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Accordingly, the deadline to complete any discovery "needed to ascertain if Defendants are a going concern and whether other parties should be added to the suit" is 1/31/2014. The court agree s with Plaintiff that a scheduling conference is premature at this time. Accordingly, the Case Management Conference scheduled for 11/22/2013, is CONTINUED to 2/14/2014, at 10:00 a.m. The parties shall file a Joint Case Management Statement, or a separate statement as appropriate, on or before 2/7/2014. Please see Order for further specifics. Signed by Judge Edward J. Davila on 11/20/2013. (ecg, COURT STAFF) (Filed on 11/20/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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CASE NO. 5:13-cv-02204 EJD

ALLEGRO CONSULTANTS, INC.,

ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

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Plaintiff(s),
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v.
WELLINGTON TECHNOLOGIES, INC.,

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Defendant(s).
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/
Having reviewed the Plaintiff’s Case Management Statement (see Docket Item No. 11), the
court orders as follows on certain issues presented therein:
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Although it has doubts about whether discovery directed toward a non-participating

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party is likely to be productive, the court will allow Plaintiff a short period of time in

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which to attempt the discovery referenced in its Case Management Statement.

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Accordingly, the deadline to complete any discovery “needed to ascertain if Defendants

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are a going concern and whether other parties should be added to the suit” is January 31,

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2014.

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2.

Immediately after expiration of this limited discovery period, Plaintiff must then

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decide whether to amend the complaint to substitute or add parties, proceed to default

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judgment against the present defendant, or dismiss this action. The court will not

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allow this case to remain open in its current state after January 31, 2014, and will
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CASE NO. 5:13-cv-02204 EJD
ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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address this matter further, if necessary, at the continued Case Management

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Conference scheduled below.

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As to setting further deadlines, the court agrees with Plaintiff that a scheduling conference is

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premature at this time. Accordingly, the Case Management Conference scheduled for November 22,

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2013, is CONTINUED to February 14, 2014, at 10:00 a.m. The parties shall file a Joint Case

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Management Statement, or a separate statement as appropriate, on or before February 7, 2014.

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IT IS SO ORDERED.

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Dated: November 19, 2013
EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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CASE NO. 5:13-cv-02204 EJD
ORDER CONTINUING CASE MANAGEMENT CONFERENCE