2:08-cv-04143 | C.D. Cal. | May 6, 2009

Case 2:08-cv-04143-JFW-RC Document 35 Filed 05/06/09 Page 1 of 1 Page ID #:359

UNITED STATES DISTRICT COURT PRIORITY SEND CENTRAL DISTRICT OF CALIFORNIA JS-6 CIVIL MINUTES -- GENERAL Case No. CV 08-4143-JFW (RCx) Date: May 6, 2009 Title: Metro-Goldwyn-Mayer Studio, Inc. -v- Arik Rudich PRESENT:

HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE Shannon Reilly None Present Courtroom Deputy Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS: None None PROCEEDINGS (IN CHAMBERS): ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO COMPLY WITH COURT ORDER Pursuant to the Court’s Scheduling and Case Management Order (“CMO”) filed on August 19, 2008, the parties were ordered to conduct a Settlement Conference on or before March 2, 2009. The parties were also ordered to file a Pre-Trial Conference Order; Memo of Contentions of Fact and Law; Exhibit List & Exhibit Stipulation; Witness Lists & Summary of Witness Testimony; Status Report re: Settlement; Agreed Upon Set of Jury Instructions & Verdict Forms; and Joint Statement re: Disputed Instructions (“Pre-Trial Documents”) by May 1, 2009. The parties have violated the Court’s Order by failing to conduct the required Settlement Conference and failing to file any Pre-Trial Documents.

As a result of the parties’ violations of the Court’s Order, this action is DISMISSED without prejudice . See Federal Rule of Civil Procedure 41(b); see also Yourish v. California Amplifier , 191 F.3d 983, 986-988 (9th Cir. 1999); Ferdik v. Bonzelet , 963 F.2d 1258" date_filed="1992-05-22" court="9th Cir." case_name="Michael Henry Ferdik v. Joe Bonzelet, Sheriff">963 F.2d 1258, 1260 (9th Cir. 1992).

IT IS SO ORDERED. The Clerk shall serve this Minute Order on all parties to the action.

Initials of Deputy Clerk sr