Ross et al v. Trex Company, Inc.

Filing 243

AMENDED ORDER CONTINUING CASE MANAGEMENT CONFERENCE(correction of time for 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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ERIC ROSS, et al, 11 For the Northern District of California United States District Court 10 Plaintiff, No. C 09-00670 JSW v. 12 TREX COMPANY, INC., 13 AMENDED ORDER CONTINUING CASE MANAGEMENT CONFERENCE Defendant. / 14 15 Now before the Court are requests by the parties to vacate the case management 16 conference and approve briefing schedules for motions to approve class action settlement and 17 motions to enforce judgment. 18 The Court declines to vacate the case management conference. Although the parties are 19 working towards settling the remaining claims in this action, the motions to enforce judgment 20 are still pending. Therefore, the Court CONTINUES the case management conference to 21 January 18, 2013 at 1:30 p.m. By no later than January 11, 2013, the parties shall file a joint 22 case management statement. In this statement, Defendant shall address whether it has 23 attempted to move to dismiss the claims it contends are barred by the judgment in the courts 24 where the claims are currently pending. If Defendant has not done so, Defendant shall address 25 why it is not preferential to seek relief in those courts before requesting this Court to enjoin 26 those proceedings. It appears as though the courts in where the claims are currently pending, 27 and have been pending for months, would be in a better position to assess whether the claims, 28 and respective parties, fall within the settlement agreement and release. 1 With respect to the requested briefing schedule, the Court notes that the parties have not 2 demonstrated good cause for continuing the deadlines for filing opposition and reply briefs. 3 Nevertheless, the Court GRANTS the stipulated request. Defendant shall serve a copy of this 4 Order on William Clark and McCormick Pier Condominium Association and file proofs of 5 service by no later than January 4, 2013. 6 7 8 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. 9 Dated: January 3, 2013 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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