Huynh v. Wal-Mart Stores, Inc. et al.

Filing 105

REPORT AND RECOMMENDATIONS re 101 Defendants' Proposed Amended Summary Judgment Briefing Schedule. Signed by Magistrate Judge Sallie Kim on 8/13/2019. (mklS, COURT STAFF) (Filed on 8/13/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TRI MINH HUYNH,
Plaintiff,

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v.

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WAL-MART ASSOCIATES, INC., et al.,

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United States District Court
Northern District of California

Case No. 18-cv-01631-VC (SK)
REPORT AND RECOMMENDATION
REGARDING DEFENDANTS’
PROPOSED AMENDED BRIEFING
SCHEDULE

Defendants.
Regarding Docket No. 101

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On August 12, 2019, Defendants filed a proposed amended briefing schedule for their

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anticipated motion for summary judgment. The Court RECOMMENDS that the District Court

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adopt the proposed amended briefing schedule.

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Currently, the schedule is as follows:

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Defendants’ Motion and Opening Brief:

August 15, 2019

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Plaintiff’s Response Brief:

September 5, 2019

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Defendants’ Reply Brief:

September 16, 2019

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Motion Hearing:

October 10, 2019

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The proposed amended schedule is as follows:

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Defendants’ Motion and Opening Brief:

August 29, 2019

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Plaintiff’s Response Brief:

September 19, 2019

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Defendants’ Reply Brief:

October 10, 2019

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Motion Hearing:

To Be Decided

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The main reason for this recommendation is that Defendants have not been able to take the

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deposition of Plaintiff, despite the fact that Defendants issued a notice of deposition for a date

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before the discovery deadline and despite Defendants’ repeated efforts to meet and confer with

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Plaintiff about a date for his deposition. The undersigned originally ordered that the deposition

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take place before August 8, 2019, but Plaintiff claimed that he was unable to attend a deposition

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either because of illness or the death of a close friend. The undersigned then ordered that Plaintiff

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appear for a deposition by August 20, 2019. Given these delays, Defendants are at a significant

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disadvantage in preparing their motion(s) for summary judgment. For this reason, the undersigned

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RECOMMENDS that the District Court adopt the proposed amended schedule above.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: August 13, 2019
______________________________________
SALLIE KIM
United States Magistrate Judge

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