Byanooni v. Merrill Lynch Pierce Fenner & Smith et al

Filing 31

ORDER VACATING HEARING, ADDRESSING NOTICE OF PENDENCY OF OTHER ACTIONS, AND SETTING FURTHER CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 1/9/2014 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 12/9/13. (cl, COURT STAFF) (Filed on 12/9/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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ABDULLAH BYANOONI,
Plaintiff,
v.
MERRILL LYNCH, PIERCE, FENNER &
SMITH, et al.,

No. C 12-5270 RS
ORDER VACATING HEARING,
ADDRESSING NOTICE OF
PENDENCY OF OTHER ACTIONS,
AND SETTING FURTHER CASE
MANAGEMENT CONFERENCE

Defendants.
____________________________________/
By prior stipulated order, all pretrial motions pertaining to class certification were to have

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been filed in sufficient time to be heard on December 5, 2013. That hearing date was subsequently

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continued by Clerk’s notice to December 12, 2013. No such motions, however, have been filed;

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accordingly, the hearing date is hereby vacated.

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Defendants have filed a “Notice of Pendency of Other Actions” together with a proposed

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order to transfer this action to the Southern District of California, where allegedly related cases are

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pending. The informational filing required by Civil Local Rule 3-13 is not a substitute for an

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appropriately noticed and briefed motion to transfer, where a party seeks transfer. Accordingly, the

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proposed order will not be entered. If defendants seek a transfer, they must file a motion.

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A further Case Management Conference shall be held on Thursday, January 9, 2014, at
10:00 a.m., with a joint case management conference statement filed one week in advance.

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IT IS SO ORDERED.

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Dated: 12/9/13
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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