Henneberry v. City of Newark et al

Filing 80

ORDER re: Case Management Statement and ORDER vacating 3/17/2016 Case Management Conference; Response due by 3/23/2016. Signed by Judge Maria-Elena James on 3/10/2016. (mejlc2S, COURT STAFF) (Filed on 3/11/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN PATRICK HENNEBERRY,

Case No. 13-cv-05238-MEJ

Plaintiff,
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ORDER RE: CASE MANAGEMENT
STATEMENT; ORDER VACATING
CASE MANAGEMENT CONFERENCE

v.
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CITY OF NEWARK, et al.,

Re: Dkt. No. 79

Defendants.

United States District Court
Northern District of California

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On March 9, 2016, the parties filed a Joint Case Management Statement. Dkt. No. 79.

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Having reviewed that Statement, the Court notes that the parties do not address the class claims

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Plaintiff alleges in his First Amended Complaint. See First Am. Compl. ¶¶ 25, 45, Dkt. No. 66;

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see also Order re: Mot. to Dismiss at 14, Dkt. No. 75. Accordingly, the Court ORDERS the

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parties to meet and confer by March 17, 2016 to determine whether (1) Plaintiff intends to dismiss

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his class claims, in which case he will file a notice of voluntary dismissal; or (2) the parties will

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file a revised Joint Case Management Statement to address the class claims in this case and

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necessary scheduling to deal with those claims. Either document must be filed by March 23,

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2016. Consequently, the Court VACATES the Case Management Conference set for March 17,

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2016.

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IT IS SO ORDERED.

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Dated: March 11, 2016
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MARIA-ELENA JAMES
United States Magistrate Judge