Joe Hand Promotions, Inc. v. Gray et al
Joe Hand Promotions, Inc. |
Palomino Room, Inc., Howard K. Gray, Jr., Judith G. Gray and Randy G. Leak |
2:2011cv00727 |
March 16, 2011 |
US District Court for the Eastern District of California |
Sacramento Office |
Sacramento |
Dale A. Drozd |
Garland E. Burrell |
Cable/Satellite TV |
28 U.S.C. ยง 1331 |
None |
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Filing 31 ORDER signed by Judge Garland E. Burrell, Jr on 3/26/12; A dispositional document shall be filed no later than May 28, 2012. Failure to respond by this deadline may be construed as consent to dismissal of this action without prejudice, and a dismissa l order could be filed. See E.D. Cal. R. 160(b) (A failure to file dispositional papers on the date prescribed by the Court may be grounds for sanctions.). Further, the court declines to retain jurisdiction over the parties settlement as requested by the parties since sufficient justification has not been provided to do so. See Arata v. Nu Skin Intern., Inc., 96 F.3d 1265, 1269 (9th Cir. 1996)([T]he mere fact that the parties agree that the court should exercise continuing jurisdiction is not bi nding on the court."); see also Collins v. Thompson, 8 F.3d 657, 859 (9th Cir. 1993)(A federal court may refuse to exercise continuing jurisdiction even though the parties have agreed to it. Parties cannot confer jurisdiction by stipulation or c onsent.). Lastly, the Status Conference scheduled for hearing on May 21, 2012, is continued to commence at 9:00 a.m. on June 25, 2012, in the event no dispositional document is filed, or if this action is not otherwise dismissed.1 A joint status report shall be filed fourteen (14) days prior to the Status Conference. IT IS SO ORDERED. (Matson, R) |
Filing 29 ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 3/16/12: Plaintiff is Ordered to Show Cause (OSC) in a writing to be filed no later than March 23, 2012, why sanctions should not be imposed against it and/or its counsel under Rule 16(f) of the Federal Rules of Civil Procedure for failure to file a timely status report. Status Conference RESET for 5/21/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H) |
Filing 23 ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 11/07/11 ORDERING that Plaintiff is Ordered to Show Cause ("OSC") in writing to be filed no later than 4:00 p.m. on November 28, 2011, why sanctions should not be imposed agains t it and/or its counsel under Rule 16(f) of the FRCP for failure to file a timely status report. If a hearing is requested, it will be held on December 12, 2011, at 9:00 a.m., just prior to the status conference, which is RESCHEDULED to that date an d time. A status report shall be filed no later than fourteen (14) days prior. Further, an Order issued on July 11, 2011, requiring Plaintiff to either file proof that all defendants were served with process or a document showing good cause for Plai ntiff's failure to serve all defendants within the 120-day period prescribed in FRCP 4(m), no later than 4:00 p.m. on July 22, 2011. Plaintiff was warned in that Order that failure to make the required showing by the deadline may result in the unserved defendants being dismissed from this action. Accordingly, Defendants Howard K. Gray and Judith G. Gray are DISMISSED without prejudice. (Benson, A.) |
Filing 9 ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 7/8/11: Pltf shall show cause in writing no later than 4:00 pm on 7/22/2011 as to why sanctions should not be imposed for failure to file a timely status report and for the failure to ser ve any dft not served within the 120 day period prescribed by FRCP 4(m). Status Conference set for 11/14/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Status Report due no later than 14 days prior to Status Conference. (Manzer, C) |
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