McNally et al v. Eye Dog Foundation for the Blind, Inc. et al

Filing 132

ORDER SETTING a BRIEFING SCHEDULE and a HEARING. Due to Judge Ishii's order regarding supplemental briefing, the following schedule is ORDERED: 1) On or before August 5, 2011, Plaintiffs shall file a supplemental brief on the issue of wh ether Plaintiffs' state law claims are preempted under ERISA; 2) On or before August 12, 2011, Defendants shall file a supplemental brief in response to Plaintiffs' supplemental brief; and 3) On or before August 19, 2011, Plaintiffs may fil e an optional reply brief. In light of Mr. Harrison's Application for Withdrawal, the following schedule is set: 1) The hearing regarding Mr. Harrison's Application for Withdrawal (Doc. 129) is SET for August 31, 2011, 9:30 a.m. in Courtroom 8, 6th floor, before Magistrate Judge Sheila K. Oberto; 2) In addition to Mr. Harrison, Defendant Gwen Brown and at least one representative of Defendants Eye Dog Foundation for the Blind, Inc. and Eye Dog Foundation Profit Sharin g Plan are ORDERED to appear for the August 31, 2011, hearing on behalf of the Defendants; 3) The Clerk of Court is DIRECTED to serve this order on Defendants Gwen Brown, Eye Dog Foundation for the Blind, Inc., and Eye Dog Foundation Profi t Sharing Plan at Post Office Box 519, Claremont, California, 91711; and 4) Defendants' counsel shall make all reasonable efforts necessary to inform the Defendants of this order. Order signed by Magistrate Judge Sheila K. Oberto on 7/27/2011. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MONTRY McNALLY; RUBY BELL; and
KENNETH BALES,

CASE NO. 1:09-cv-01184-AWI-SKO

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Plaintiffs,
ORDER SETTING A BRIEFING
SCHEDULE AND A HEARING

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v.
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EYE DOG FOUNDATION FOR THE
BLIND, INC.; EYE DOG FOUNDATION
PROFIT SHARING PLAN; GWEN
BROWN, an individual, and DOES 1
THROUGH 50,

(Docs. 129, 131)

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Defendants.
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/
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On July 22, 2011, Mr. Harrison, Defendants' counsel, filed an "Ex Parte Application for

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Withdrawal As Attorney of Record" ("Application for Withdrawal"). (Doc. 129.) On that same day,

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Chief District Judge Ishii ordered both parties to file supplemental briefs regarding an ERISA

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preemption issue relevant to Plaintiffs' pending motion for summary judgment. (Doc. 130.)

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On July 26, 2011, Mr. Harrison filed a statement requesting clarification of Judge Ishii's

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supplemental briefing order. (Doc. 131.)

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Supplemental Briefing Schedule:
Due to Judge Ishii's order regarding supplemental briefing, the following schedule is

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ORDERED:
1.

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of whether Plaintiffs' state law claims are preempted under ERISA;

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On or before August 5, 2011, Plaintiffs shall file a supplemental brief on the issue

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2.

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response to Plaintiffs' supplemental brief; and

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On or before August 12, 2011, Defendants shall file a supplemental brief in

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On or before August 19, 2011, Plaintiffs may file an optional reply brief.

August 31, 2011, Hearing Schedule

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In light of Mr. Harrison's Application for Withdrawal, the following schedule is set:

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1.

The hearing regarding Mr. Harrison's Application for Withdrawal (Doc. 129) is SET

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for August 31, 2011, 9:30 a.m. in Courtroom 8, 6th floor, before Magistrate

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Judge Sheila K. Oberto;
2.

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In addition to Mr. Harrison, Defendant Gwen Brown and at least one representative

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of Defendants Eye Dog Foundation for the Blind, Inc. and Eye Dog Foundation

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Profit Sharing Plan are ORDERED to appear for the August 31, 2011, hearing on

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behalf of the Defendants;

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3.

The Clerk of Court is DIRECTED to serve this order on Defendants Gwen Brown,

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Eye Dog Foundation for the Blind, Inc., and Eye Dog Foundation Profit Sharing

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Plan at Post Office Box 519, Claremont, California, 91711; and
4.

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Defendants' counsel shall make all reasonable efforts necessary to inform the
Defendants of this order.

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IT IS SO ORDERED.

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Dated:
ie14hj

July 27, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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