Valencia v. SMX, LLC et al

Filing 29

ORDER by Judge Yvonne Gonzalez Rogers granting in part and denying in part 28 Stipulation. (fs, COURT STAFF) (Filed on 9/26/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AMALIA VALENCIA,

Case No. 16-cv-02155-YGR

Plaintiff,
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v.
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SMX, LLC, ET AL.,
Defendants.

ORDER GRANTING IN PART AND DENYING
IN PART STIPULATION TO DISMISS CERTAIN
CLAIMS AND STAY ACTION PENDING
MEDIATION
Re: Dkt. No. 28

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United States District Court
Northern District of California

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On September 19, 2016, the parties filed a joint stipulation dismissing certain claims and

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requesting that the Court stay the action until February 3, 2016 pending mediation. Additionally,

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the parties have requested that the Court continue the Case Management Conference currently set

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for October 3, 2016 to a date after the expiration of the stay. Having carefully considered the

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parties’ request, the Court ORDERS as follows: The Court DISMISSES WITHOUT PREJUDICE

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plaintiff’s class claims and plaintiff’s claims against defendant Amazon.com, Inc. The Court

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DENIES WITHOUT PREJUDICE the parties’ request to stay the action until February 3, 2016 and the

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parties’ request to continue the Case Management Conference.

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Given the changed nature of this case, the Court hereby sets a trial date in the fall of 2017
as set forth below:

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Dispositive Motions1 to Be Heard By:

August 8, 2017

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Compliance Hearing (See Page 2)

Friday, September 22, 2017 at 9:01 a.m

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Joint Pretrial Conference Statement:

September 29, 2017

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Pretrial Conference:

Friday, October 13 at 9:00 a.m.

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Trial Date:

Monday, November 6, 2017 at 8:30 a.m.

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See Standing Order regarding Pre-filing Conference Requirements for motions for
summary judgment.

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Pursuant to the Court’s Pretrial Instructions in Civil Cases at Section 2, trial counsel shall
meet and confer at least twenty-one (21) days in advance of the Pretrial Conference. The

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compliance hearing on Friday, September 22, 2017 at 9:01 a.m. is intended to confirm that counsel

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have reviewed the Court’s Pretrial Setting Instructions and are in compliance therewith. The

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compliance hearing shall be held in the Federal Courthouse, 1301 Clay Street, Oakland,

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California, in Courtroom 1. Five (5) business days prior to the date of the compliance hearing, the

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parties shall file a one-page JOINT STATEMENT confirming they have complied with this

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requirement or explaining their failure to comply. If compliance is complete, the parties need not

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appear and the compliance hearing will be taken off calendar. Telephonic appearances will be

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allowed if the parties have submitted a joint statement in a timely fashion. Failure to do so may

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United States District Court
Northern District of California

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result in sanctions.

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The above schedule will allow for mediation as requested. The parties’ Case Management

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Conference currently set for Monday, October 3, 2016 is CONTINUED to Monday, October 17,

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2016. Five days prior thereto, the parties shall file a Joint Case Management Statement, including

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any concerns regarding the scheduling. The parties shall also advise the Court as to cutoff dates

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for expert and fact discovery, in light of the trial and pretrial dates set by the Court. Alternatively,

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the parties may jointly request transfer for all purposes to a specific Magistrate Judge of your

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choosing.

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This Order terminates Docket Number 28.

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IT IS SO ORDERED.

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Dated: September 26, 2016

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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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