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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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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AMENDED 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 1:30 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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