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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DANIEL W. FAERFERS and KATJA

FAERFERS,

2:04-CV-2690-MCE-PAN

Plaintiffs,

v. MEMORANDUM AND ORDER

CAVIAR CREATOR, INC., a Nevada

Corporation, individually and

as successor to CAVIAR

CREATOR, INC., an Oregon

Corporation,

Defendants.

______________________________

CAVIAR CREATOR, INC., a Nevada

Corporation,

Counter Claimant

Cross Complainant,

v.

DANIEL W. FAERFERS, KATJA

FAERFERS, and SINCLAIR WILSON, 

an unknown business entity,

Counter Defendants

Cross Defendant.

_______________________________

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SINCLAIR WILSON, an unknown

business entity,

Cross Claimant,

v.

DANIEL W. FAERFERS, and KATJA

FAERFERS, 

Cross Defendants.

----oo0oo----

Cross Defendant and Cross Claimant Sinclair Wilson

(“Sinclair”) has submitted an ex parte application asking the

Court to shorten the time for hearing its pending Motion to

Dismiss. Through this Motion to Dismiss, Sinclair desires to

voluntarily dismiss its Cross Complaint against Daniel W.

Faerfers and Katja E. Faerfers (“Faerfers”) pursuant to Federal

Rule of Civil Procedure 41(a)(2). Sinclair Wilson has also filed

a Declaration setting forth the reasons it is seeking to have its

Motion to Dismiss heard on an expedited basis. For the reasons

set forth below, Sinclair’s Application to Shorten Time is

granted.

BACKGROUND

This action arises out of a settlement agreement

(“Agreement”) entered into by the Parties that was intended to

settle a previously filed lawsuit. All Parties vigorously

maintain that the opposing Parties have breached that Agreement

which has given rise to this action. 

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The Faerfers initially filed this action against Caviar

alleging breach of contract, fraud and seeking declaratory

relief. Caviar counter-claimed against the Faerfers likewise

alleging breach of contract and seeking declaratory relief. In

that same responsive pleading, Caviar cross-claimed against

Sinclair. Thereafter, Sinclair answered Caviar’s cross-claim

and, itself, cross-claimed against the Faerfers. Sinclair has

since settled its dispute with Caviar and seeks to voluntarily

dismiss its cross-claim against the Faerfers without prejudice.

Sinclair sought a stipulation to its Motion to Dismiss from

the Faerfers but were not successful. Sinclair’s Motion to

Dismiss is scheduled to be heard on April 17, 2006, however, a

settlement conference among the Parties is set for April 13,

2006. Consequently, Sinclair is seeking an order to shorten time

such that the Motion to Dismiss can be heard before the

settlement conference. Sinclair has demonstrated that shortening

time on its Motion to Dismiss will serve judicial economy and

promote settlement. Accordingly, the Court grants Sinclair’s

application to shorten time.

Having found good cause to shorten time in this matter, the

Court establishes the following schedule: 

1. Opposition to Sinclair’s Motion to Dismiss is due no

later than 3:00 P.M. on Thursday, March 30, 2006.

2. No reply shall be permitted.

3. Oral argument shall be scheduled for April 3, 2006, at

9 A.M. in Courtroom 3.

///

///

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CONCLUSION

For the reasons set forth above, Sinclair’s application to

shorten time on its Motion to Dismiss is GRANTED and the Parties

shall adhere to the foregoing schedule.

IT IS SO ORDERED.

DATED: March 27, 2006

_____________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

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