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06-2887 - Baker v. D.A.R.A. II, Inc. et al


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06-2887 - Baker v. D.A.R.A. II, Inc. et al
May 8, 2007
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AMENDED SCHEDULING ORDER: IT IS ORDERED vacating in their entirety paragraphs N, P, and R in the initial Rule 16 Scheduling Order 13 subject to resetting the dates for filing motions in limine, the final Pretrial Order and Conference and jury trial in 2008. Discovery due by 1/15/2008. Dispositive motions due by 2/29/2008. All further orders set forth in the initial Rule 16 Scheduling Order are hereby AFFIRMED. Signed by Judge Lawrence O Anderson on 05/08/07. (DNH)
January 7, 2008
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ORDER denying 39 Motion to Deem Statements of Fact as Admitted or Motion for Summary Disposition of its Statement of Facts. Signed by Magistrate Judge Lawrence O Anderson on 01/04/08.(DNH)
January 22, 2008
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ORDER denying Plaintiff's 25 Motion for Partial Summary Judgment; denying Defendants' Cross-Motion 31 for Summary Judgment. Signed by Magistrate Judge Lawrence O Anderson on 01/22/08.(DNH)
March 13, 2008
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ORDER Setting scheduling conference for purposes of setting the final Rule 16(b) deadlines. Scheduling Conference set for 4/24/2008 10:00 AM before Magistrate Judge Lawrence O Anderson.. Signed by Magistrate Judge Lawrence O Anderson on 03/13/08. (DNH)
March 25, 2008
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ORDER denying 51 Motion for Reconsideration as untimely and without a showing of good cause. Signed by Magistrate Judge Lawrence O Anderson on 03/24/08.(DNH)
April 24, 2008
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SCHEDULING ORDER: Proposed Pretrial Order due by 7/30/2008. Final Pretrial Conference set for 8/13/2008 02:00 PM before Magistrate Judge Lawrence O Anderson. Jury Trial set for 9/8/2008 09:00 AM before Magistrate Judge Lawrence O Anderson. NOTE: start time for each trial day shall be from 10:00 a.m. to 12:00 noon and from 1:30 p.m. to 4:30 p.m. Counsel shall be in or near the courtroom every day by 9:30 a.m. and 1:00 p.m. Signed by Magistrate Judge Lawrence O Anderson on 4/24/08. (LSP)
August 4, 2008
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ORDER hereby staying this lawsuit against Defendant Jeffrey J. Presutti ONLY and placing it on inactive status until February 5, 2009 (180 days). This lawsuit against Dft Jeffrey J. Presutti ONLY will be dismissed on February 5, 2009 (180 days) pursuant to Rule 41(b) (lack of prosecution) unless prior to the scheduled dismissal date Pla demonstrates in writing that Pla has moved to lift the stay in the bankruptcy court but the request has not been ruled upon or has been denied; or Pla has sought to reduce the claim(s) against the subject debtor to judgment in the bankruptcy court in an adversary proceeding and the adversary proceeding has not yet been adjudicated despite Pla's due diligence in seeking its resolution; or Pla has timely demonstrated a reasonable basis for continuance of the lawsuit against Dft Jeffrey J. Presutti on inactive status. FURTHER ORDERED that the lawsuit/case against all other Dfts shall proceed as scheduled, Duval v. Gleason, 1990 WL 261364 (N.D.Cal. 1990), unless a motion to stay the entire case is timely filed and granted. Matter of Lockard, 884 F.2d 1171, 1179 (9th Cir. 1989) (citing generally A.H. Robins Co., Inc. v. Piccinin, 788 F.2d 994, 999 (4th Cir. 1986), cert. denied, 479 U.S. 876 (1986) (automatic stay imposed under ยง 362(a)(1) is generally available only to the bankrupt and not to non-debtor third parties or codefendants.) Possible Dismissal of Defendant Jeffrey J. Presutti ONLY by 2/5/2009. Signed by Magistrate Judge Lawrence O Anderson on 8/4/08. (KMG)
August 14, 2008
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ORDER that counsel shall make the necessary amendments to the Proposed Joint Final Pretrial Order by 8/25/08 (see order). Signed by Magistrate Judge Lawrence O Anderson on 8/13/08. (TLJ)
September 17, 2008
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ORDER ; Plaintiff shall file a Response to Defendants' 87 STATUS REPORT (deemed a motion to enforce settlement agreement) by 9/29/08; ddefendants shall file a reply by 10/8/08. Signed by Magistrate Judge Lawrence O Anderson on 9/17/08. (REW, )
September 24, 2008
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ORDER that Plaintiffs Request to Treat Her September 17, 2008 89Status Report as a Response to Defendants September 16, 2008 Motion to EnforceSettlement Agreement is GRANTED. Plaintiffs Status Report, 89, is hereby deemed Plaintiffs Response to Defendants September 16, 2008 87 Motion to Enforce Settlement Agreement. Defendants shall file a Reply, which shall include the supplemental briefing discussed herein, on or before Wednesday, October 1, 2008. Evidentiary Hearing set for 10/3/2008 09:30 AM before Magistrate Judge Lawrence O Anderson. (see order for details). Signed by Magistrate Judge Lawrence O Anderson on 9/24/08. (DMT, )
October 27, 2008
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ORDER granting 99 Joint Motion to Approve Settlement. FURTHER ORDERED that on or before 10/31/08, the parties shall filed their Stipulated Judgment in favor of Plaintiff Dixie Baker against Defendant Kenneth Presutti and a Stipulation for Dismissal with prejudice against all other Defendants. Signed by Magistrate Judge Lawrence O Anderson on 10/27/08.(MAP)
October 29, 2008
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ORDER pursuant to 102 Stipulation to Dismiss with Prejudice; Plaintiff, Dixie Baker, be and hereby is awarded a final judgment against Defendant, Kenneth Presutti, in the amount of $180,000.00; Plaintiff's remaining claims against all other Defendants are dismissed with prejudice; the parties hereby shall bear their own costs and attorneys' fees. Signed by Magistrate Judge Lawrence O Anderson on 10/29/08. (REW, )