Rocha v ConAgra Foods Packaged Foods, LLC

Filing 12

ORDER to Vacate Hearing signed by District Judge Lawrence J. O'Neill on 03/04/2014. Response to Amended Complaint due by 3/25/2014.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATALIE ROCHA,

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CASE NO. CV F 14-0154 LJO BAM
Plaintiff,

ORDER TO VACATE HEARING
(Docs. 3, 9)

vs.

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CONAGRA FOODS PACKAGED
FOOD, LLC, et al.,
Defendants.
______________________________/

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PRELIMINARY STATEMENT

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Judges in the Eastern District of California carry the heaviest caseload in the nation,

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and this Court is unable to devote inordinate time and resources to individual cases and

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matters.

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prioritize criminal and older civil cases, and at times, at the expense of newer civil actions and

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to the inconvenience of litigants of newer civil actions.

Given his voluminous caseload, U.S. District Judge Lawrence J. O'Neill must

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Civil trials set before Judge O'Neill trail until he becomes available and are subject to

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suspension mid-trial to accommodate criminal matters. Civil trials are no longer reset to a

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later date if Judge O'Neill is unavailable on the original date set for trial. If a trial trails, it

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may proceed with little advance notice, and the parties and counsel may be expected to

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proceed to trial with less than 24 hours notice. Moreover, this Court’s Fresno Division

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randomly and without advance notice reassigns civil actions to U.S. District Judges

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throughout the nation to serve as visiting judges. In the absence of Magistrate Judge consent,

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this action is subject to reassignment to a U.S. District Judge from outside the Eastern District
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of California.

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Case management difficulties, including trial setting and interruption, are avoided if

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the parties consent to conduct of further proceedings by a U.S. Magistrate Judge. As such, the

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parties are required to consider, and if necessary, to reconsider consent to one of the Court's

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U.S. Magistrate Judges to conduct all further proceedings in that the Magistrate Judges’

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availability is far more realistic and accommodating to parties than that of U.S. District Judge

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Lawrence J. O'Neill. A Magistrate Judge consent form is available on this Court’s website.

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The parties and counsel are encouraged to contact United States Senators Dianne

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Feinstein and Barbara Boxer to address this Court’s inability to accommodate the parties and

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this action. For further information regarding handling of this action, the parties may contact

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attorney Gary Green at [phone] or email him at [e-mail].
ORDER

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On February 11, 2014, defendant ConAgra Foods Packaged Foods, LLC filed its

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F.R.Civ.P. 12(b)(6) motion to dismiss plaintiff’s original complaint and set a March 12, 2014

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hearing. On March 3, 2014, plaintiff filed her first amended complaint (“FAC”) as matter of

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course under F.R.Civ.P. 15(a)(1). As such and on the basis of good cause, this Court:

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1.

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the FAC renders moot the motion to dismiss plaintiff’s original complaint;

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2.

ORDERS no party to appear on March 12, 2014;

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3.

DIRECTS the clerk to term the motion to dismiss the original complaint (doc. 3);

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and

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4.

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respond to the FAC

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This Court will take no further action on ConAgra's motion to dismiss the original

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ORDERS ConAgra, no later than March 25, 2014, to file and serve papers to

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VACATES the March 12, 2014 hearing on ConAgra’s motion to dismiss in that

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complaint (doc. 3).

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

March 4, 2014

UNITED STATES DISTRICT JUDGE

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