State of CA v. Azuma Corp., et al

Filing 102

ORDER signed by Senior District Judge Kimberly J. Mueller on 1/8/25 DIRECTING the Defendants with in 14 days of this order to file a motion to stay the case pending appeal, DIRECTING California to file its opposition and Defendants to file their reply. The matter is scheduled on 2/13/2025 at 10:00 AM in Courtroom 3 (KJM) before Senior District Judge Kimberly J. Mueller. (Deputy Clerk VLC)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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State of California,

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No. 2:23-cv-00743-KJM-DB
Plaintiff,

ORDER

v.
Phillip Del Rosa, et al.,

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Defendants.

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On January 24, 2024, the court granted in part and denied in part defendants’ motion to

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dismiss and granted California leave to amend certain claims. See Order (Jan. 24, 2024), ECF

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No. 58. Defendants appealed the Order. Notice Interlocutory Appeal (USCA No. 24-00698),

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ECF No. 65.1

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Defendants now request the court set a scheduling conference to address the scope of the

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automatic stay in place during the pendency of the current appeal before the Ninth Circuit. Mot.,

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ECF No. 100. Plaintiff California does not oppose the request to set a scheduling conference but

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“does not believe it is proper to address the parties’ dispute over the scope of the automatic stay

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effectuated by the pending appeal in a scheduling/status conference.” Id. at 2.
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Defendants previously moved for a stay pending appeal of this court’s preliminary
injunction. Mot., ECF No. 73; Notice Appeal (USCA 23-16200), ECF No. 44. The appeal at
issue here is a second appeal concerning this court’s order on defendants’ motion to dismiss.
USCA No. 24-00698.
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The court construes defendants’ motion as a request for a stay of the case pending appeal

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and understands California’s statement to be one of opposition to such a stay. Under Local Rule

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230(a), the court orders the parties to brief the matter and sets the following schedule:

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of this order;
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California shall file its opposition, if any, no later than fourteen days after the
motion is filed.

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Defendants shall file a motion to stay the case pending appeal within fourteen days

Defendants shall file their reply, if any, no later than seven days after the
opposition is filed.

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The matter is scheduled for hearing before the court on February 13, 2025, at
10:00 AM in Courtroom 3.

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The schedule shall not be modified except by leave of court upon showing of good cause.

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Parties are reminded all motions and filings with the court must follow this district’s Local Rules

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and this court’s standing civil order. Parties are specifically reminded of this court’s rules

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regarding citations. The basic purpose of a legal citation is to allow the reader to locate a cited

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source accurately and efficiently. Cited authority should be relevant to the matter at hand and

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identify the source and specific page referenced. Any deviations from these rules may result in

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sanctions and the court may refuse to consider those non-compliant filings.

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IT IS SO ORDERED.
DATED: January 8, 2025.
SENIOR UNITED STATES DISTRICT JUDGE

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