Dasaro v. The Coca-Cola Company

Filing 8

ORDER RESCHEDULING JUNE 20, 2012 CASE MANAGEMENT CONFERENCE. Signed by Judge Claudia Wilken on 6/20/2012. (ndr, COURT STAFF) (Filed on 6/20/2012) Modified on 6/20/2012 (ndr, COURT STAFF). ***DISREGARD, DUPLICATE FILING. SEE DOCKET NO. 7.***

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court For the Northern District of California 10 JEREMY M. DASARO, 11 12 Plaintiff, v. 13 ORDER RESCHEDULING JUNE 20, 2012 CASE MANAGEMENT CONFERENCE THE COCA-COLA COMPANY, 14 No. C 12-2586 CW Defendant. ________________________________/ 15 16 This putative class action was filed on May 18, 2012 and is 17 scheduled for a case management conference on June 20, 2012. 18 However, Plaintiff has not filed proof that he has served 19 Defendant and the parties have not submitted a case management 20 statement, pursuant to the Court’s Local Rule 16-9. Under Federal 21 Rule of Civil Procedure 4(m), if Defendant is not served within 22 120 days after the complaint is filed, the Court may, on its own 23 motion, dismiss the action without prejudice against Defendant. 24 The Court also notes that this case is related to two other 25 actions, Yee v. Simply Orange Juice Co., et al., 12-cv-1170 CW and 26 Sovocool v. Coca-Cola Company, 12-cv-2064 CW. Last week Yee and 27 Sovocool were ordered transferred to the Western District of 28 1 Missouri for coordinated or consolidated pretrial proceedings, 2 pursuant to 28 U.S.C. § 1407. 3 Marketing and Sales Practices Litigation, MDL No. 2361, June 11, 4 2012 Transfer Order and June 12, 2012 Conditional Transfer Order. 5 See In re: Simply Orange Juice Plaintiff’s counsel shall promptly notify the clerk of the 6 Multidistrict Litigation Panel of the pendency of this action. 7 June 29, 2012, Plaintiff shall provide a status update as to the 8 relationship between this action and In re: Simply Orange Juice 9 Marketing and Sales Practices Litigation, MDL No. 2361. By The case United States District Court For the Northern District of California 10 management conference for this action is stayed pending service 11 and a determination as to whether this action will be transferred 12 to the Western District of Missouri. 13 IT IS SO ORDERED. 14 15 16 Dated: 6/20/2012 CLAUDIA WILKEN United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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