Castro v. Walmart Inc.

Filing 24

Order VACATING class certification deadlines and directing parties to file joint status report, signed by Magistrate Judge Erica P. Grosjean on 4/26/2021. (Joint Status Report Deadline: 5/26/2021)(Rosales, O.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 MARTHA CASTRO, individually and on behalf of other individuals similarly situated, 13 14 15 16 Plaintiff, v. Case No. 2:20-cv-00928-DAD-EPG ORDER VACATING CLASS CERTIFICATION DEADLINES AND DIRECTING PARTIES TO FILE JOINT STATUS REPORT WALMART, INC., (ECF Nos. 18, 23) Defendant. 17 18 Plaintiff Martha Castro, individually and on behalf of other individuals similar situated, 19 (“Plaintiff”) filed a putative class action complaint against Defendant Walmart, Inc. 20 (“Defendant”) in the Superior Court of California for the County of Placer on March 24, 2020. 21 (See ECF No. 1.) Defendant removed the matter to federal court on March 6, 2020, and the case 22 was initially assigned to District Judge John A. Mendez and Magistrate Judge Kendall J. 23 Newman. (Id.) On September 11, 2020, Judge Mendez set a schedule for Plaintiff’s motion for 24 class certification. (ECF No. 18.) In relevant part, Plaintiff was ordered to file a motion for class 25 certification no later than April 19, 2021. (Id.) 26 On January 27, 2021, Defendant filed a notice of related cases indicating that this matter is 27 related to Sousa v. Walmart, Inc., et al., 1:20-cv-00500-DAD-EPG. (ECF No. 20.) On February 8, 28 2021, District Judge Dale A. Drozd issued an order relating and reassigning this case to Judge 1 1 Drozd and the undersigned. (ECF No. 21.) On April 8, 2021, the Court issued a minute order 2 directing the parties to file a joint report addressing the status of this case, whether the class 3 certification schedule should be modified, and their availability for a hearing on the motion for 4 class certification on an alternate date. (ECF No. 22.) 5 The parties filed a Joint Status Report on April 22, 2021. (ECF No. 23.) According to the 6 Joint Status Report, the parties in this action and in the Sousa action have determined that both 7 cases assert substantially similar claims against the same defendant and have agreed to 8 consolidate both actions. (Id.) A consolidated complaint and stipulation for consolidation has 9 been circulated and will be filed “shortly” in the Sousa action. (Id.) Once the consolidated 10 complaint is filed, the parties intend to meet and confer regarding the impact “if any” that 11 consolidation will have on the deadlines in this matter. (Id.) 12 In light of the parties’ representations in the Joint Status Report, as well as the fact that the 13 deadline for filing a motion for class certification has expired and no motion has been filed, it 14 appears that the parties’ intent to consolidate this matter with the Sousa action will affect the 15 deadlines in this case. Accordingly, the Court will vacate the deadlines set forth in the scheduling 16 order and direct the parties to file a further status report within thirty days. 17 Accordingly, IT IS HEREBY ORDERED that: 18 1. 19 20 All deadlines set forth in the scheduling order (ECF No. 18) issued on September 11, 2020, are VACATED; and 2. 21 The parties shall file a joint status report within thirty (30) days of entry of this order addressing the status of this case. 22 23 24 25 IT IS SO ORDERED. Dated: April 26, 2021 /s/ UNITED STATES MAGISTRATE JUDGE 26 27 28 2

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