Culley v. Lincare Inc. et al

Filing 13

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr. on 4/14/2015. Since plaintiff has not justified Doe defendants remaining in this action, Does 1-50 are DISMISSED. The Motion for Class Certification shall be filed no later th an 9/28/2015. An Opposition or Statement of Non-Opposition to the Motion is due no later than 11/2/2015. Any Reply is to be filed no later than 11/16/2015. Further Scheduling Conference is to COMMENCE on 1/19/2016 at 9:00 AM in Courtroom 10 (GEB). Joint Status Report shall be submitted no later than 14 days before the Status Conference. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTINA CULLEY, an
individual, on behalf of
herself and on behalf of all
persons similarly situated,

v.

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STATUS (PRETRIAL SCHEDULING)
ORDER

Plaintiff,

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No. 2:15-cv-00081-GEB-CMK

LINCARE INC., a corporation;
and ALPHA RESPIRATORY INC., a
corporation,
Defendants.*

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The status (pretrial scheduling) conference scheduled

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for hearing on April 20, 2015, is vacated since the parties’

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Joint Status Report filed April 7, 2015 (“JSR”) indicates the

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following Order should issue.
DISMISSAL OF DOE DEFENDANTS

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Since

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Plaintiff

has

not

justified

Doe

defendants

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remaining in this action, Does 1-50 are dismissed. See Order

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Setting Status (Pretrial Scheduling) Conference filed January 13,

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2015,

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defendant

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dismissed).

at

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n.2

(indicating

allegations

not

that

if

provided

justification
Doe

defendants

for

“Doe”

would

be

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*

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The caption has been amended
Defendants portion of this Order.

according

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to

the

Dismissal

of

Doe

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MOTION FOR CLASS CERTIFICATION

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The parties state in the JSR that “[t]o date, [they]

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are

unable

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briefing

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certification.” (JSR 4:22-23, ECF No. 10.) Each side has proposed

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a different briefing schedule.

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to

reach

schedule

Federal

an
for

Rule

of

agreement

regarding

[Plaintiff’s]

Civil

Procedure

the

deadline

motion

23(c)(1)

for

and

class

prescribes

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“the court must determine by order whether to certify the action

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as a class action” at “an early practicable time.” Therefore the

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following schedule issues: The motion for class certification

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shall be filed no later than September 28, 2015; an opposition or

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statement of non-opposition to the motion shall be filed no later

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than November 2, 2015; and any reply shall be filed no later than

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November 16, 2015. The hearing on the motion shall be noticed for

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November 30, 2015, at 9:00 a.m.

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SCHEDULING FURTHER STATUS REPORT

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A further Status (Pretrial Scheduling) Conference is

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scheduled to commence at 9:00 a.m. on January 19, 2016. A joint

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status report shall be filed no later than fourteen (14) days

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prior to the status conference.

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Dated:

April 14, 2015

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