Stiles v. Wal-Mart Stores Inc, et al

Filing 508

ORDER signed by Magistrate Judge Dennis M. Cota on 11/17/2020 VACATING the hearing set for 11/18/2020 on Defendant's request to seal documents and the hearing set for 12/9/2020 on plaintiff's motion for a briefing schedule. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHARIDAN STILES, et al.,

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Plaintiffs,

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v.

No. 2:14-CV-2234-KJM-DMC

ORDER

WALMART, INC., et al.,

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Defendants.

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AND RELATED COUNTER-ACTIONS

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Plaintiffs, who are proceeding with retained counsel, bring this civil action

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alleging intellectual property and antitrust claims. The following motions/requests are set for

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hearing before the undersigned: (1) Defendant’s renewed request to seal documents in support of

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its motion for summary judgment, ECF No. 501, set for hearing in Redding, California, on

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November 18, 2020, at 10:00 a.m.; and (2) Plaintiffs’ motion for leave to file an opposition to

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Defendants’ motions for summary judgment, ECF No. 506, set for hearing in Redding,

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California, on December 9, 2020, at 10:00 a.m.

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The Court finds it appropriate to vacate the hearings on both matters subject to
resolution by the District Judge.
Request to Seal Documents – On July 1, 2020, following the Court’s order

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granting Plaintiffs’ former counsel leave to withdraw and staying proceeding, the District Judge

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issued a minute order declining to rule on Defendant’s initial request to seal documents. See ECF

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No. 487. The minute order further provided that Defendant may renew its request “upon the

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rescheduling of its Motion for Summary Judgment once the stay has been lifted.” Id. On August

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4, 2020, the District Judge issued a minute order continuing the hearings on Defendants’ pending

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motions for summary judgment to September 25, 2020, in Sacramento, California, before the

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District Judge. See ECF No. 491. On September 23, 2020, the District Judge issued a minute

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order further continuing the hearing on Defendants’ motions for summary judgment to October

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16, 2020. See ECF No. 495. On October 6, 2020, following expiration of the stay of proceedings

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and upon Plaintiffs’ failure to obtain replacement counsel, the District Judge issued a minute

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order referring all pending motions to the undersigned pursuant to Eastern District of California

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Local Rule 302(c)(21). See ECF No. 499. On October 14, 2020, new counsel filed a notice of

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appearance on behalf of Plaintiffs, see ECF No. 503, and on November 13, 2020, the District

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Judge issued a minute order withdrawing the Local Rule 302(c)(21) referral, see ECF No. 507.

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Given withdrawal of the Local Rule 302(c)(21) referral, and the District Judge’s July 1, 2020,

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minute order addressing Defendant’s initial request to seal documents, the Court determines that

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matter is appropriately addressed by the District Judge and, accordingly, the November 18, 2020,

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hearing before the undersigned in Redding, California, will be vacated subject to further

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instruction from the District Judge.

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Motion for Leave to File Opposition – Plaintiffs, through newly retained counsel,

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seek an order setting a briefing schedule on Defendants’ pending motions for summary judgment.

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The District Judge’s November 13, 2020, minute order provides that the parties shall meet and

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confer and submit within 14 days a proposed schedule for briefing and hearing Defendants’

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motions. See ECF No. 507. In light of this minute order, the Court determines Plaintiffs’ motion

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for a briefing schedule is also more appropriately addressed by the District Judge in the context of
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the parties’ forthcoming submission. Therefore, the December 9, 2020, hearing before the

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undersigned in Redding, California, will also be vacated subject to further instruction from the

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District Judge.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The hearing on Defendant’s request to seal documents, set for November

18, 2020, at 10:00 a.m., before the undersigned in Redding, California, is vacated; and
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The hearing on Plaintiffs’ motion for a briefing schedule, set for December

9, 2020, at 10:00 a.m., before the undersigned in Redding, California, is vacated.

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Dated: November 17, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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