Deaver v. BBVA Compass Consulting and Benefits, Inc. et al

Filing 46

ORDER RE: SCHEDULING OF PENDING MOTIONS. Signed by Magistrate Judge Jacqueline Scott Corley on 1/17/2014. (ahm, COURT STAFF) (Filed on 1/17/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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CHERYL DEAVER, individually and on
behalf of all others similarly situated and
on behalf of the general public
Plaintiffs,

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Case No.: 13-cv-0222 JSC
13-cv-4598 JSC
ORDER RE: SCHEDULING OF
PENDING MOTIONS

v.

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BBVA COMPASS CONSULTING AND
BENEFITS, INC.; et al.,
Defendants.

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The Court is in receipt of the Ninth Circuit’s Order of Remand filed December 30,

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2013, and the parties’ submissions as to how the case should proceed (Dkt. Nos. 35, 36.)

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Upon issuance of the Ninth Circuit’s mandate, the stay of Case No. 13-0222 (Dkt. No. 34)

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shall be lifted. As agreed to by the parties, in Case No. 13-0222 (“the First Removed

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Action”) Plaintiff shall file a supplemental pleading in support of her motion to remand no

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later than ten days after issuance of the Ninth Circuit’s mandate. Defendants’ supplemental

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opposition shall be filed no later than fourteen days following the filing of Plaintiff’s

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supplemental brief. Plaintiff’s supplemental reply, if any, shall be filed no later than seven

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days after the filing of Defendant’s opposition. Each of these supplemental filings should not

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exceed 10 pages and should be focused on addressing any caselaw developed since the

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motion was originally filed as well as the application of the preponderance of the evidence

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standard to the record in this case. No new evidence may be submitted.

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Once the mandate issues, and the briefing schedule is set, the parties shall meet and

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confer and submit a stipulation for a hearing date on Plaintiff’s Motion to Remand (Dkt. No.

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20), Defendants’ Motion to Change Venue (Dkt. No. 12) and Defendants’ Motion to Dismiss

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(Dkt. No. 13).

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IT IS SO ORDERED.

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Northern District of California

United States District Court

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Dated: January 17, 2014
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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