Free Terminate Hearings - District Court of California - California

Case 3:08-cv-00038-JAH-BLM

Document 18

Filed 07/16/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

) ) ) ) ) Plaintiff, ) ) v. ) FIDELITY AND DEPOSIT COMPANY OF ) ) MARYLAND, ) ) Defendant. ) LPL FINANCIAL CORPORATION, formerly known as LINSCO/PRIVATE LEDGER CORP,

Case No. 08cv0038-JAH(BLM) ORDER TAKING SANCTIONS ISSUE UNDER SUBMISSION AND VACATING HEARING

On July 8, 2008, this Court issued an order to show cause ("OSC") why sanctions should not be imposed for Plaintiff's failure to provide a corporate representative with full and complete settlement authority at the July 7, 2008 Early Neutral Evaluation Conference. Doc. No. 16. Plaintiff submitted a letter and

declaration in response to the OSC1 and also requested that the

Plaintiff explains that it submitted the letter directly to chambers

instead of filing it due to the extremely sensitive nature of the settlement discussions in the case. Because Plaintiff indicates in the letter that

Defendant has been served with both the letter and the declaration, the Court will accept and consider both. If necessary, Defendant may submit its response

08cv0038-JAH (BLM)

Case 3:08-cv-00038-JAH-BLM

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Filed 07/16/2008

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hearing date be continued due to counsel's unavailability.

The

deadline set by the Court for Defendant to file a responsive declaration has not yet passed. See id.

In light of the briefing submitted and counsel's scheduling conflicts, the Court finds it appropriate to take this matter under submission upon completion of the briefing pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the hearing set for July 22, 2008 at

9:00 a.m. is hereby VACATED. IT IS SO ORDERED. DATED: July 16, 2008

BARBARA L. MAJOR United States Magistrate Judge

COPY TO: HONORABLE JOHN A. HOUSTON U.S. DISTRICT JUDGE ALL COUNSEL AND PARTIES

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directly to chambers as well.

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08cv0038-JAH (BLM)