Hensley-Maclean et al v. Safeway, Inc.

Filing 149

ORDER RE STATUS. Signed by Judge Richard Seeborg on 11/26/14. (cl, COURT STAFF) (Filed on 11/26/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEE HENSLEY-MACLEAN, et al.,

Case No. 11-cv-01230-RS

Plaintiffs,
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United States District Court
Northern District of California

v.

ORDER RE STATUS

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SAFEWAY INC.,
Defendant.

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On September 16, 2014, this action was stayed in its entirety through October 15, 2014, to

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permit defendant to obtain new counsel. Plaintiff had proposed that any stay order also address

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certain discovery timing issues and revisions to the schedule for class certification briefing. The

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order instead provided for the parties to meet and confer on those issues upon retention of new

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counsel, and to file appropriate stipulations. In the event disputes remained, the parties were to

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file a joint statement “setting out the remaining disagreements and their respective proposals.”

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On October 17, 2014, the parties presented a stipulation, subsequently entered as an order,

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setting out the new class certification briefing schedule. The stipulation reported that meet and

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confer discussions regarding discovery would be ongoing, and that any disputes the parties could

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not resolve would be presented to the Court on or before November 14, 2014.

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On November 14, 2014, the parties filed a “status report” describing their discovery

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disputes and indicating that motion practice will be necessary. While it appears either or both

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sides may be contemplating intervention by the undersigned, neither has made a clear proposal or

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request for relief. Discovery disputes have been referred to the assigned magistrate judge and

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should be presented to her, pursuant to her standing procedures. If further relief from the class

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certification briefing schedule or other case management deadlines becomes necessary, the parties

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may proceed by stipulation or motion presented to the undersigned.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: November 26, 2014
______________________________________
RICHARD SEEBORG
United States District Judge

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CASE NO.

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11-cv-01230-RS