Olney v. Job.Com, Inc.

Filing 103

ORDER Setting Motion Deadlines. Deadline to File MSJ by Job.com: March 4, 2014; Plaintiff's Opposition Brief Deadline: March 25, 2014; Reply Brief Deadline: April 1, 2014. Hearing on MSJ set for 4/15/2014, at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Class discovery remains stayed pending the outcome of Job.com's motion for summary judgment; and a further status conference will be set as appropriate following the Court's ruling on Job.com's motion. Order signed by Magistrate Judge Sheila K. Oberto on 2/5/2014. (Timken, A)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

PETER OLNEY, on behalf of himself
and all others similarly situated.

Case No. 1:12-cv-01724-LJO-SKO

11
Plaintiff,

ORDER SETTING MOTION DEADLINES

12
v.
13
14

JOB.COM, INC., and WINDY CITY CALL
CENTER, LLC,
Defendants,

15
16
17
18
19
20

v.
RESUMEDIRECTOR.COM, NORTH
AMERICA LIVECAREER, INC.,
LIVECAREER, LTD.,
Third Party Defendants.

21
22

_____________________________________/

23
24

On February 4, 2014, the parties appeared for a telephonic scheduling conference.

25 Nicholas Bontrager, Esq., appeared on behalf of Plaintiff; Hugh McCabe, Esq., and Robert Olson,
26 Esq., appeared on behalf of Defendant Job.com, Inc. ("Job.com"); Cari Dawson, Esq., and Darryl
27 Horowitt, Esq., appeared on behalf of third-party Defendants North America Livecareer, Inc.
28 ("Livecareer") and Resumedirector.com ("Resumedirector"). No appearance was made on behalf

1 of Defendant Windy City Call Center, LLC as that Defendant has not yet responded to the Second
2 Amended Complaint.
3

Defendant Job.com indicates that it is prepared to file a motion for summary judgment

4 ("MSJ") as to Plaintiff's individual claims within the next 30 days. Given that this motion may be
5 dispositive of the entire case, it is more efficient that class discovery remain stayed and the motion
6 for summary judgment be presented to the Court. Wright v. Schock, 742 F.2d 541, 544 (9th Cir.
7 1984) ("It is reasonable to consider a Rule 56 motion first when early resolution of a motion for
8 summary judgment seems likely to protect both parties and the court from needless and costly
9 further litigation.").

Further, although third-party Defendants Livecareer and Resumedirector

10 indicate a desire to file a motion for judgment on the pleadings as to Defendant Job.com's third11 party complaint, Job.com's MSJ has the potential to moot the motion for judgment on the
12 pleadings. Thus, at this time, the Court sets only a schedule for Job.com to file its MSJ:
13

1.

Deadline to File MSJ by Job.com:

March 4, 2014

14

2.

Plaintiff's Opposition Brief Deadline:

March 25, 2014

15

3.

Reply Brief Deadline:

April 1, 2014

16

4.

Hearing on MSJ:

April 15, 2014, at 8:30 a.m.1

17

Accordingly, IT IS HEREBY ORDERED that:

18

1.

19

2014, with a briefing schedule and hearing date as set forth above;

20

2.

21

24

Class discovery remains stayed pending the outcome of Job.com's motion for
summary judgment; and

22
23

Defendant Job.com may file a motion for summary judgment on or before March 4,

3.

A further status conference will be set as appropriate following the Court's ruling

on Job.com's motion.
IT IS SO ORDERED.
Dated:

25

February 5, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

26
27
28

1

This hearing date is subject to availability on Judge O'Neill's calendar and may be reset by the Court to remedy any
scheduling conflicts on the Court's calendar that may arise.

2

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3