Ross et al v. Trex Company, Inc.

Filing 242

ORDER CONTINUING CASE MANAGEMENT CONFERENCE: Case Management Statement due by 1/11/2013. Case Management Conference set for 1/18/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 1/3/13. (jjoS, COURT STAFF) (Filed on 1/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ERIC ROSS, et al,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 09-00670 JSW

v.

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TREX COMPANY, INC.,

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ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

Defendant.
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Now before the Court are requests by the parties to vacate the case management

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conference and approve briefing schedules for motions to approve class action settlement and

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motions to enforce judgment.

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The Court declines to vacate the case management conference. Although the parties are

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working towards settling the remaining claims in this action, the motions to enforce judgment

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are still pending. Therefore, the Court CONTINUES the case management conference to

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January 18, 2013 at 1:00 p.m. By no later than January 11, 2013, the parties shall file a joint

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case management statement. In this statement, Defendant shall address whether it has

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attempted to move to dismiss the claims it contends are barred by the judgment in the courts

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where the claims are currently pending. If Defendant has not done so, Defendant shall address

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why it is not preferential to seek relief in those courts before requesting this Court to enjoin

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those proceedings. It appears as though the courts in where the claims are currently pending,

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and have been pending for months, would be in a better position to assess whether the claims,

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and respective parties, fall within the settlement agreement and release.

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With respect to the requested briefing schedule, the Court notes that the parties have not

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demonstrated good cause for continuing the deadlines for filing opposition and reply briefs.

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Nevertheless, the Court GRANTS the stipulated request. Defendant shall serve a copy of this

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Order on William Clark and McCormick Pier Condominium Association and file proofs of

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service by no later than January 4, 2013.

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The Court FURTHER ORDERS that the proposed briefing schedule for the motion for
preliminary approval of the class action settlement is APPROVED.
IT IS SO ORDERED.

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Dated: January 3, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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