Olney v. Job.Com, Inc.

Filing 49

SCHEDULING ORDER, signed by Magistrate Judge Sheila K. Oberto on 7/3/2013. (Initial disclosures shall be exchanged by no later than 7/15/2013, Third-Party Defendants' motion to deny class certification shall be filed by no later than 7/11/201 3, Opposition to the motion to deny class certification shall be filed by no later than 8/22/2013, Defendant shall file a statement of its position on the motion to deny class certification no later than 8/22/2013, Any reply to the motion to den y class certification shall be filed by no later than 8/29/2013, The hearing on the motion to deny class certification is set for 9/19/2013, at 08:15 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill, and Further Scheduling Conference set for 10/3/2013, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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PETER OLNEY,
(on behalf of himself and all others
similarly situated),

) 1:12-cv-01724 LJO SKO
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Plaintiff,
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v.
) SCHEDULING ORDER
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JOB.COM, INC.,
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Defendant.
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JOB.COM, INC.,
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Third Party Plaintiff,
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v.
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RESUMEDIRECTOR.COM, NORTH
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AMERICA LIVE CAREER, INC., LIVE
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CAREER, INC.,
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Third Party Defendants.
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____________________________________)

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On July 2, 2013, a scheduling conference was held. Todd Friedman. Esq., appeared
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telephonically on behalf of Plaintiff. Dane Bitterlin, Esq., and Hugh McCabe, Esq., appeared
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telephonically for Defendant and Third Party Plaintiff. Darryl Horowitt, Esq., and Scott Schaffer,
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Esq., appeared telephonically for Third Party Defendants.
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The parties discussed the issue of intra-district venue and agreed that the Joint Scheduling

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Report incorrectly reflected Plaintiff's residence as San Joaquin County, rather than Stanislaus

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County. The parties, therefore, agreed that intra-district venue is appropriate in the Fresno division

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of the Eastern District of California.

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The parties have proposed that Third-Party Defendants be permitted to file a motion to deny

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class certification. The briefing schedule as to the motion to deny class certification is as follows:

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1)

Initial disclosures shall be exchanged by no later than July 15, 2013;

2)

Third-Party Defendants' motion to deny class certification shall be filed by no later
than July 11, 2013;

3)

Opposition to the motion to deny class certification shall be filed by no later than
August 22, 2013;

4)

Defendant shall file a statement of its position on the motion to deny class
certification no later than August 22, 2013;

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Any reply to the motion to deny class certification shall be filed by no later than
August 29, 2013;

6)
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The hearing on the motion to deny class certification is set for Thursday, September
19, 2013 at 8:15 a.m. in Courtroom 4 before District Judge Lawrence J. O’Neill;

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The Court will conduct a further scheduling conference on October 3, 2013, at 10:00 a.m.

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in Courtroom 7 before Magistrate Judge Sheila K. Oberto to discuss the scope of additional

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discovery, applicable deadlines for a motion to certify a class, if relevant, and any other pertinent

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deadlines in light of Judge O'Neill's decision on the motion to deny class certification. The parties’

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joint scheduling report is due by no later than September 26, 2013.

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IT IS SO ORDERED.

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Dated:
ie14hj

July 3, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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