The opinion of the court was delivered by: Lucy H. Koh United States District Judge
ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ) RECOMMENDING STIPULATION OF DISMISSAL
The complaint in the above-captioned matter was filed on January 28, 2009. ECF No. 1.
The matter was reassigned to the undersigned judge on August 2, 2010. ECF No. 38. The parties 18 have not had an initial case management conference, nor have the parties exchanged initial 19 disclosures. Moreover, Defendant Cai has been in custody and unrepresented since the beginning 20 of this case and is currently awaiting trial in his criminal matter. ECF No. 33. This lawsuit 21 concerns the distribution of the proceeds of Mr. Cai's deceased wife's life insurance policy. 22
Concurrent with the filing of the complaint, State Farm, the carrier of Mr. Cai's deceased wife's 23 life insurance policy, deposited the insurance proceeds plus interest, in the amount of $303,907.36, 24 with the Clerk of the Court. Receipt # 54611004592, Dkt. Text, ECF No. 1.
On March 25, 2011, the Court issued an Order referring Defendant Cai to the Federal Pro Bono 3roject. ECF No. 60. Thus far, the Project has been unable to identify an attorney willing to 27 take this case on a pro bono basis. However, the Project continues to search for such an attorney.
On January 19, 2012, Defendant Cai requested that the Court continue the case 2 management conference set for January 25, 2012, to a later date. ECF No. 64. Considering that 3 Defendant Cai's participation at the case management conference will be seriously hampered due 4 to his custodial status and to his lack of legal representation, the Court GRANTS Defendant Cai's 5 request, and continues the case management conference to February 29, 2012, at 2:00 p.m. 6
This matter has been open for nearly three years and discovery has not commenced. In 7 light of the above-mentioned challenges to Defendant Cai's active participation in this matter, the 8 Court asks the parties to consider stipulating to a dismissal without prejudice and to the tolling of 9 the statute of limitations for any claims and counterclaims. See, e.g., O'Keeffe's Inc. v. Technical 10 Glass Prods., 5:07-CV-03535-LHK, ECF No. 154. If the parties file a stipulation of dismissal by 11 12:00 p.m. on February 22, 2012, the Court will vacate the case management conference set for 2:00 p.m. on February 29, 2012. Alternatively, the parties may consider moving the Court to stay this action and administratively close the file pending resolution of Defendant Cai's criminal trial 14 and/or his appointment of counsel.
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