Cantley v. Radiancy, Inc. et al

Filing 23

ORDER RE: BRIEFING SCHEDULE Related to Whether the Matter Should Be Stayed, Transferred or Dismissed, signed by Magistrate Judge Jennifer L. Thurston on 2/16/2016. Motion Deadlines: Filed by 3/11/2016; Opposition by 4/8/2016; Reply by 4/22/2016; Mo tion hearing set for 5/9/2016 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Discovery is STAYED pending a further scheduling conference. Scheduling Conference set for 5/20/2016 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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APRIL CANTLEY,
Plaintiff,

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v.
RADIANCY, INC, et al.,
Defendants.

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Case No.: 1:15-cv-01649 LJO JLT
ORDER RE: BRIEFING SCHEDULE RELATED
TO WHETHER THE MATTER SHOULD BE
STAYED, TRANSFERRED OR DISMISSED

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In their joint scheduling conference statement, counsel reported disagreement whether another

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case, Mouzon, et al., v. Radiancy, Inc., et al., case number 1:15-cv-1142 CKK, proceeding in the

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District of Columbia provides reason for the current matter to be stayed. (Doc. 19) The parties

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disagree that the matters involve substantially similar parties or substantially similar issues. Id. at 2-5.

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They agree that the current iteration of the Mouzon matter was filed after this current matter but

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disagree whether its predecessor was filed before the Cantley matter. Rather than risk the waste of

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limited judicial resources, the Court will require the parties to brief the matter as to whether the instant

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matter should be stayed, dismissed or transferred to the District of Columbia. Thus, the Court

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ORDERS:

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No later than March 11, 2016, Defendants SHALL file their motion to stay, dismiss

or transfer the matter;
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No later than April 8, 2016, Plaintiff SHALL file her opposition to the motion;
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3.

No later than April 22, 2016, Defendants may file an optional reply brief;

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4.

The hearing on the motion for is set on May 9, 2016, at 9:00 a.m. Appearances via

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CourtCall are authorized;
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Neither the motion nor the opposition SHALL exceed 30 pages, excluding evidence

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and evidentiary objections, unless the Court grants leave prior to the filing of the pertinent. Requests

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for leave after the filing will be disregarded and all pages over 30 pages will not be considered. The

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reply, if any, SHALL NOT exceed 15 pages, excluding evidentiary objections.

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Any objections to the evidence SHALL be filed at the same time as the opposition (for

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Defendant) and the reply (for Plaintiff). A hard copy of all filings SHALL be sent via overnight mail

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to the Chambers of Judge Thurston at the United States Courthouse, 510 19th Street Suite 200,

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Bakersfield, CA 93301, at the same time the filing is submitted. All of the evidence in the hard copy

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SHALL be numbered, tabbed and indexed;

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6.

Discovery in the matter is STAYED pending a further scheduling conference on May

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20, 2016 at 9:00 a.m. Telephonic appearances via CourtCall are authorized. An updated joint

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scheduling conference statement SHALL be filed no later than May 16, 2016.

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IT IS SO ORDERED.
Dated:

February 16, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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