Halo Electronics, Inc. v. Bel Fuse Inc. et al

Filing 661

ORDER. IT IS ORDERED that by 8/12/2022, the plaintiff shall show cause why Ishould not dismiss. Responses due by 8/26/2022. Replies due by 9/2/2022. Signed by Judge Andrew P. Gordon on 7/27/2022. (Copies have been distributed pursuant to the NEF - JQC)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 HALO ELECTRONICS, INC.,
4

Plaintiff

Case No.: 2:07-cv-00331-APG-PAL
Order

5 v.
6 BEL FUSE INC., et al.,
7
8

Defendants
This case was recently remanded from the United States Court of Appeals for the Federal

9 Circuit. ECF Nos. 654-56, 658. I directed the parties to confer on how the case should proceed
10 and to file either a stipulation if they can agree or a status report setting out their respective
11 positions if they could not agree. ECF No. 659. The parties have filed a status report. ECF No.
12 660.
13

I am inclined to dismiss the remainder of this case under Federal Rule of Civil Procedure

14 41(b) for failure to prosecute. But before doing so, I will give the plaintiff an opportunity to
15 address the relevant factors. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002).
16

I THEREFORE ORDER that by August 12, 2022, the plaintiff shall show cause why I

17 should not dismiss for failure to prosecute its requests for pre-judgment interest and for a trial on
18 damages for sales transactions excluded in prior rulings. The defendants may file a response by
19 August 26, 2022. The plaintiff may file a reply by September 2, 2022.
20

DATED this 27th day of July, 2022.

21
22
23

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE