Jorge Quezada v. Con-Way Inc.

Filing 34

ORDER, Set/Reset Deadlines as to (39 in 3:10-cv-00100-JW) MOTION to Certify Class. Motion Hearing set for 1/30/2012 09:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. James Ware. Case Management Statement due by 1/20/2012. Case Management Conference set for 1/30/2012 10:00 AM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge James Ware on 12/20/11. (sis, COURT STAFF) (Filed on 12/20/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 09-03670 JW
NO. C 10-00100 JW

Jorge R. Quezada,

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Plaintiff,
ORDER SETTING HEARING FOR
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION AND SETTING CASE
MANAGEMENT CONFERENCE

v.
For the Northern District of California

United States District Court

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Con-Way Inc.,
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Defendant.
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/
Jose Alberto Fonseca Pina, et al.,

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Plaintiffs,
v.

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Con-Way Freight Inc., et al.,
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Defendants.
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/

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These cases were transferred to Chief Judge James Ware on September 28, 2011 and

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September 29, 2011. (See Docket Item No. 32 in No. C 09-03670; Docket Item No. 50 in No. C 10-

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00100.) On October 13, 2011, the parties in C 10-00100 (the “Pina Action”) filed a Joint Status

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Report indicating that they have both: (1) “briefed the issue of class certification” in that case; and

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(2) “discussed the possibility of mediating the case.” (Docket Item No. 52 in the Pina Action.) In

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their Joint Status Report, the parties disagree as to whether the Court should schedule a hearing on

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the Motion for Class Certification1 in that case or hold it “in abeyance pending a further report by

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the parties regarding the status of the contemplated mediation.” (Id.)

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Upon review, the Court finds good cause to set a hearing on the Motion for Class

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Certification since it has been on file since May 2011 and fully briefed since August 2011. The

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parties’ vague reference to contemplated mediation is insufficient to hold a pending Motion in

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abeyance. Accordingly, the Court sets January 30, 2012 at 9 a.m. for a hearing on Plaintiffs’

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Motion for Class Certification in the Pina Action.

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In addition, the Court finds good cause to set a Case Management Conference for these
cases. Accordingly, the Court sets January 30, 2012 at 10 a.m. for a Case Management
Conference for both of these cases. On or before January 20, 2012, the parties in each case shall

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For the Northern District of California

United States District Court

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file a Joint Case Management Conference Statement including, inter alia, the parties’ positions as to

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whether these cases should be consolidated and how these cases should proceed.

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Dated: December 20, 2011
JAMES WARE
United States District Chief Judge

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(Plaintiffs’ Notice of Motion for Class Certification, hereafter, “Motion for Class
Certification,” Docket Item No. 39 in the Pina Action.)
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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Kenneth Richard O’Brien [e-mail]
Lawrence R Cagney [e-mail]
Michael L. Carver [e-mail]
Michelle MacEachern Lunde [e-mail]
Paul Scott Cowie [e-mail]

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Dated: December 20, 2011

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy