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Probuilders Specialty Insurance Company, RRG v. Yarbrough Plastering, Inc., 1:15-CV-01811-JLT. (2018)

Court: District Court, E.D. California Number: infdco20180803705 Visitors: 3
Filed: Aug. 02, 2018
Latest Update: Aug. 02, 2018
Summary: ORDER TO THE PARTIES AND THEIR COUNSEL TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE DISMISSED JENNIFER L. THURSTON , Magistrate Judge . On October 28, 2016, the Court stayed the cross-complaint pending the outcome of the appeal (Doc. 51). The Court has learned that the judgment was affirmed on appeal. (Doc. 63) The Court ordered the parties to file a joint status report, [n]o later than 14 days after the decision issued by the Ninth Circuit Court of Appeals." (Doc. 51 at 2) This has not occur
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ORDER TO THE PARTIES AND THEIR COUNSEL TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE DISMISSED

On October 28, 2016, the Court stayed the cross-complaint pending the outcome of the appeal (Doc. 51). The Court has learned that the judgment was affirmed on appeal. (Doc. 63) The Court ordered the parties to file a joint status report, [n]o later than 14 days after the decision issued by the Ninth Circuit Court of Appeals." (Doc. 51 at 2) This has not occurred. Notably, in staying the action to allow the appeal, the Court noted that "the cross-complaint becomes operative only if the Court's judgment is overturned by the Court of Appeals." (Doc. 51 at 2). Thus, the Court ORDERS:

1. The stay is LIFTED;

2. Within 14 days, the parties SHALL should cause in writing why the action should not be dismissed in its entirety.

IT IS SO ORDERED.

Source:  Leagle

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