Free Report and Recommendations - District Court of California - California

Case 5:07-mc-80224-JF

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Filed 11/28/2007

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION *E-FILED 11/28/07*

United States District Court

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For the Northern District of California

1-800 CONTACTS, INC., Plaintiff, v. MANILA INDUSTRIES, INC., NETSPHERE, INC., et al., Defendants. /

NO. C 07-80224 MISC JF (RS) REPORT AND RECOMMENDATION THAT CASE BE DISMISSED

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This miscellaneous action was initiated by Manila Industries, Inc., Netsphere, Inc., and Munish Krishnan (collectively "defendants") to quash or modify a subpoena issued in this District in connection with underlying litigation against defendants pending in the Central District of California. Defendants were repeatedly contacted by court staff and advised that they were required to notice the motion to quash or modify the subpoena. Defendants never noticed the motion or otherwise responded to the messages left for them. On October 29, 2007, the Court issued an order to show cause why this action should not be dismissed for lack of prosecution, requiring defendants either to notice the motion or to appear on November 21, 2007. Defendants did neither. It appears likely that defendants have not pursed this matter because the dispute regarding the subpoena was somehow resolved. It is unclear, however, why defendants failed to extend the simple courtesy of notifying the Court that the matter had been resolved, thereby avoiding the waste of Court resources that has resulted. In any event, defendants plainly have abandoned any attempt to

Case 5:07-mc-80224-JF

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Filed 11/28/2007

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pursue this matter. Accordingly, it is recommended that this action be dismissed, without prejudice. IT IS SO ORDERED.

Dated: November 28, 2007 RICHARD SEEBORG United States Magistrate Judge

United States District Court

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For the Northern District of California

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REPORT AND RECOMMENDATION C 07-80224 MISC JF (RS)

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Case 5:07-mc-80224-JF

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Filed 11/28/2007

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THIS IS TO CERTIFY THAT NOTICE OF THIS ORDER HAS BEEN GIVEN TO: John W. MacPete [email protected]

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the Court's CM/ECF program. AND A COPY OF THIS ORDER WAS MAILED TO:

5 6 7 8 Dated: 11/28/07 9 10 By:_______________________ Chambers Richard W. Wieking, Clerk John W. MacPete, Esq. Locke Liddell & Sapp 2200 Ross, Ste 2200 Dallas, TX 75201

United States District Court

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For the Northern District of California

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REPORT AND RECOMMENDATION C 07-80224 MISC JF (RS)

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