United States District CourtFor the Northern District of California1
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United States District CourtFor the Northern District of CaliforniaIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
NORTH AMERICAN CAPACITY INSURANCE
COMPANY,
Plaintiff,
v.
TURNER CONSTRUCTION CO., et al.,
Defendants.
/
No. C 03-05521 SBA
ORDER
On June 6, 2004, this Court issued an Order for Pretrial Preparation ("Pretrial Order") setting the
above-captioned matter for a March 21, 2005 trial. The parties were also ordered to participate in a Pretrial
Conference on March 15, 2005 and to file certain pretrial documents on or before February 22, 2005, and
motions in limine on or before March 1, 2005.
As of March 1, 2005, the parties had not filed any pretrial documents or motions in limine, as instructed
by the Court. Instead, on March 4, 2005, the parties submitted a stipulation requesting a continuance of the
March 21, 2005 trial date to July 20, 2005. In the stipulation, Plaintiff indicated that it and the named insured
had settled, and that it was in the process of settling with the additional insureds.
On March 10, 2005, the Court dismissed the above-captioned action, but provided that any party
could move the Court within forty-five (45) days of the date of the March 10, 2005 Order to reopen the case
in the event that settlement had not been reached.
On April 26, 2005, pursuant to a timely request submitted by Plaintiff, the Court modified the March
10, 2005 Order to provide that the case would be dismissed with prejudice unless reopened by May 25, 2005.
On May 24, 2005, pursuant to a second request timely submitted by Plaintiff, the Court again modified
its March 10, 2005 Order to provide that the case would be dismissed with prejudice unless reopened by June
24, 2005.
On June 21, 2005, Plaintiff informed the Court in writing that the parties were unable to r