Selleck v. Rode et al

Filing 50

ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Because the related criminal action is approaching final resolution, the court now finds the circumstances no longer justify the abatement of this case in favor of that action. Tthe stay first imposed on November 20, 2013 is DISSOLVED. Case reopened. Defendant CliftonLarsonAllen, LLP's ("Clifton") must re-file its motion to dismiss to place it before the court, and all briefing related to that motion should thereafter re-occur accor ding to Civil Local Rule 7. Motion Hearing set for 10/1/2015 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Case Management Statement due by 11/5/2015. Case Management Conference set for 11/12/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 6/25/2015. (ecg, COURT STAFF) (Filed on 6/25/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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LINDA BUCKBEE SELLECK,

Case No. 5:13-cv-03055-EJD

Plaintiff,
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ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

v.
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KEITH EVERTS RODE, et al.,

United States District Court
Northern District of California

Defendants.
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Having reviewed the parties’ Joint Case Management Conference Statement (Docket Item
No. 48), the court orders as follows:
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Because the related criminal action is approaching final resolution, the court now

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finds the circumstances no longer justify the abatement of this case in favor of that action.

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Accordingly, the stay first imposed on November 20, 2013 (Docket Item No. 42), and thereafter

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extended on February 11, 2014 (Docket Item No. 43), is DISSOLVED. The Clerk shall reopen

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this file.

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2.

Pursuant to the stay, all pending motions were “terminated without prejudice to be

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re-filed upon dissolution of the stay.” Thus, Defendant CliftonLarsonAllen, LLP’s (“Clifton”)

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must re-file its motion to dismiss to place it before the court, and all briefing related to that motion

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should thereafter re-occur according to Civil Local Rule 7. When filed, Clifton shall notice the

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motion for hearing at 9:00 a.m. on October 1, 2015.

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3.

The Case Management Conference scheduled for July 2, 2015, is CONTINUED to

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10:00 a.m. on November 12, 2015. The parties shall file an updated Joint Case Management

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Conference Statement, or separate statements if appropriate under Civil Local Rule 16-9, on or

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Case No.: 5:13-cv-03055-EJD
ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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before November 5, 2015.

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IT IS SO ORDERED.
Dated: June 25, 2015
______________________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Case No.: 5:13-cv-03055-EJD
ORDER CONTINUING CASE MANAGEMENT CONFERENCE