Federal Insurance Company v. JAS Forwarding (USA), Inc., et al.,

Filing 12

ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE, signed by Judge Garland E. Burrell, Jr., on 6/17/11. No later than 4:00 p.m. on 7/18/11 plaintiff shall either file whatever documents are required to prosecute this case as a default matter, or a document showing cause why this action should not be dismissed for failure of prosecution. Further, the Status Conference is CONT'D to 8/29/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. A status report shall be filed 14 days prior to the status conference. (Kastilahn, A)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 FEDERAL INSURANCE COMPANY, a New Jersey corporation, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, v. JAS FORWARDING (USA), INC., a Washington corporation; SIERRA BAY TRANSPORT, INC., a California corporation; and DOES 1-10, inclusive, Defendants. ________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:11-cv-00586-GEB-KJN ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE The following portion of Plaintiff’s Status Report filed June 13, 2011 reveals this case is not ready to be scheduled: 1. On March 3, 2011 Defendants JAS Forwarding (“JAS”) and Sierra Bay Transport (“SBT”) were served with the Summons and Complaint. Subsequently, on April 1, 2011, Plaintiff filed its First Amended Complaint (“FAC”). JAS was served with the FAC on June 8, 2011. SBT has not been served to allow for further settlement negotiations. Neither Defendant has filed any responsive pleading to the original Complaint or the FAC. 2. Due to the present state of the case, this report was not filed jointly and a discovery and motion plan has not been set. Plaintiff anticipates, however, that the case will follow due course and does not anticipate any special circumstances should it not settle. 3. The parties will be in a better situation to evaluate any discovery and motion plan once all parties have been served and Defendants have filed any necessary responsive pleadings. 1 1 (ECF No. 11, 1:21-2:2.) Plaintiff does not indicate what steps it is 2 taking to prosecute this action in the event the referenced settlement 3 negotiations do not resolve this action. 4 Therefore, no later than 4:00 p.m. on July 18, 2011 Plaintiff 5 shall either file whatever documents are required to prosecute this case 6 as a default matter, or a document showing cause why this action should 7 not be dismissed for failure of prosecution 8 Further, the status conference scheduled for hearing on June 9 27, 2011, is continued to commence at 9:00 a.m. on August 29, 2011. A 10 status report shall be filed fourteen (14) days prior to the status 11 conference. 12 IT IS SO ORDERED. 13 14 Dated: June 17, 2011 15 16 GARLAND E. BURRELL, JR. United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?