Crivelli Fresh, LLC v. Sandstone Marketing, Inc. et al

Filing 35

ORDER DENYING REQUEST TO EXTEND STAY signed by Magistrate Judge Jennifer L. Thurston on 11/29/2011. (Leon-Guerrero, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 ) ) Plaintiff, ) ) v. ) ) SANDSTONE MARKETING, INC., et al., ) ) Defendants. ) ______________________________ ) CRIVELLI FRESH, LLC, Case No.: 1:10-cv-00729 LJO JLT ORDER DENYING REQUEST TO EXTEND STAY (Doc. 34) 16 17 18 This matter, involving claims of PACA violations and cross claims of breach of contract, was filed on April 26, 2010. (Doc. 1) 19 On September 28, 2011, the Court granted the parties’ request to stay the matter to allow for 20 completion of binding arbitration. (Doc. 31) However, the Court granted the stay only for 120 days. Id. 21 On October 28, 2011, the parties filed their joint status report and indicated that they had agreed 22 that arbitration would occur in April 2012. (Doc. 32) In response, the Court issued a minute order 23 reminding the parties that the stay was in effect only for 120 days and urged counsel “to make renewed 24 efforts to submit to arbitration as expeditiously as possible.” (Doc. 33) 25 On November 28, 2011, the parties filed their joint status report and reported that the arbitration 26 would occur during the week of April 16, 2012. (Doc. 34) They request that the stay be extended to June 27 1, 2012. Id. However, they fail to provide any information as to why they were unable to schedule the 28 arbitration in a more expedient fashion or why the stay needs to be in place for about 45 days after the 1 1 arbitration date. As a result, the Court cannot find good cause to extend the stay at this time. As a result, 2 the request is DENIED. 3 4 IT IS SO ORDERED. 5 Dated: November 29, 2011 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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