Date: 20020226
Docket: T-1059-99
Neutral Citation: 2002 FCT 216
Ottawa, Ontario, this 26th day of February 2002
PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
TIME WARNER ENTERTAINMENT COMPANY, L.P.
Plaintiff
- and -
JANE DOE and OTHERS
Defendants
REASONS FOR ORDER AND ORDER
[1] Whereas by order dated September 27th, 2001 an Active List of defendants was established in respect of whom, this action was continued as a specially managed proceeding; and
[2] Whereas by the terms of the same order, proceedings against any defendants who were not included on the Active List, and against whom the Plaintiff had not filed a Notice of Discontinuance or obtained a final order, were dismissed; and
[3] Whereas the Plaintiff was required to conclude proceedings against the defendants on the Active List within 120 days of the date of the order of September 27, 2001; and
[4] Whereas the Plaintiff has obtained judgment against all or substantially all of the defendants on the Active List; and
[5] Whereas the time for obtaining judgment has elapsed so that the claims against any defendants against whom the Plaintiff has not obtained judgment are dismissed for delay; and
[6] Whereas as a result of the above, there are no defendants in the within action against whom proceedings are pending;
NOW THEREFORE IT IS HEREBY ORDERED THAT this file shall be closed as there are no defendants against whom proceedings are pending.
"J.D. Denis Pelletier"
Judge