Castle et al v. Wells Fargo Financial, Inc.

Filing 322

ORDER SUA SPONTE LIFTING STAY; DIRECTING PARTIES TO MEET AND CONFER REGARDING FURTHER CASE MANAGEMENT; AND SETTING THIS CASE FOR A FURTHER CASE MANAGEMENT CONFERENCE ON SEPTEMBER 9, 2011 AT 3:00 PM (SI, COURT STAFF) (Filed on 8/3/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 MELISSA GABRIELLA, et al., 9 United States District Court For the Northern District of California 10 11 12 No. C 06-4347 SI Plaintiffs, v. WELLS FARGO FINANCIAL, INC., et al., Defendants. / ORDER SUA SPONTE LIFTING STAY; DIRECTING PARTIES TO MEET AND CONFER REGARDING FURTHER CASE MANAGEMENT; AND SETTING THIS CASE FOR A FURTHER CASE MANAGEMENT CONFERENCE ON SEPTEMBER 9, 2011 AT 3:00 PM 13 14 In an order filed January 29, 2009, the Court granted plaintiffs’ motion to stay all further 15 proceedings in this action until the California Supreme Court’s decision in Brinker Restaurant 16 Corporation v. Superior Court of San Diego County, 80 Cal. Rptr. 3d 781 (2008), pet. for review 17 granted (Oct. 22, 2008). The Court finds it appropriate to sua sponte lift the stay because Brinker is still 18 pending before the California Supreme Court, and a decision does not appear forthcoming in the near 19 future as the Court has not yet held oral argument in that case. 20 The Court directs the parties to meet and confer regarding the resumption of this litigation, and 21 to file a joint case management conference statement by September 2, 2011. The Court will hold a case 22 management conference on September 9, 2011 at 3:00 p.m. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: August 3, 2011 SUSAN ILLSTON United States District Judge

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