Ortiz et al v. CVS Caremark Corporation et al

Filing 24

ORDER REGARDING PENDENCY OF OTHER ACTION AND SETTING CASE MANAGEMENT CONFERENCE: Status Report due by 7/9/2013. Case Management Conference set for 7/16/2013 10:30 AM in Courtroom E, 15th Floor, San Francisco. Signed by Judge Elizabeth D Laporte on 6/21/2013. (knm, COURT STAFF) (Filed on 6/21/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ELIZABETH ORTIZ,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -12-05859(EDL)

v.
CVS CAREMARK CORPORATION,
Defendant.

ORDER
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On May 21, 2013, Defendant CVS filed a notice of pendency of other action, under Civil
Local Rule 3-13, which calls for a party to file a notice when it learns that its case "involves all or a
material part of the same subject matter and all or substantially all of the same parties as another
action which is pending in any other federal or state court." Civ. L.R. 3-13(a). Defendant’s notice
stated that there is a potentially related case called Kimberly Murphy v. CVS Caremark Corporation,
LASC No. BC464785, pending in Superior Court in L.A. County. Plaintiffs filed an opposition
under Local Rule 3-13, objecting to Defendant's delay in filing the Notice and contending that
Defendant must have known about Murphy long before it filed the Notice on May 21, 2013, and
pointing to another potentially related case, Howard v. CVS Caremark Corporation, LASC No.
BC502899, also pending in L.A. County Superior Court, filed on March 14, 2013.
In its response, Defendant maintains that Plaintiffs’ claims are broader than those in Murphy
but that some claims related to off-the-clock bag checks of employees overlap, and that should the
Superior Court grant class certification in Murphy, Defendant would seek a stay of those claims in
this case. According to Defendant’s reply, the next hearing on the Murphy class certification motion
is set for June 21, 2013. It is HEREBY ORDERED that Defendant file a status report by July 9,

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2013, updating the Court about the status of the Murphy class certification motion. The parties shall

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meet and confer before filing the status report and, if necessary, may seek a short continuance of the

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class certification filing deadline, which is currently July 30, 2013. The Court will hold a Case

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Management Conference on July 16, 2013, at 10:30 am, in Courtroom E, 450 Golden Gate Ave., 15th

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Floor, San Francisco, California.

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: June 21, 2013

_______________________________
ELIZABETH D. LAPORTE
Chief United State Magistrate Judge

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