Opinion
Case No. 04-CV 1679 WQH (POR).
April 14, 2006
ORDER
On February 9, 2006, the Court granted Defendants' Motion for Summary Judgment, and ordered the Clerk of Court to refrain from entering judgment until further ordered by the Court. The Court provided Plaintiff with 60 days from February 9, 2006, in which to (1) reinstate Auto Stop; and (2) file a motion, pursuant to Fed.R.Civ.P. 16(b) and 15(a), for (a) modification of the June 9, 2005 Scheduling Order, setting forth facts establishing the diligence necessary to support a finding of "good cause"; and (b) leave to amend, setting forth substantial and convincing evidence establishing that the proposed amendment would not be futile. The Court stated that if no motion were filed, the Court would direct the Clerk to enter judgment. As of today, no such motion has been filed. Accordingly, the Court hereby ORDERS the Clerk of Court to enter judgment in favor of Defendants, and to terminate this case.
IT IS SO ORDERED.