Hughes v. S.A.W. Entertainment, LTD

Filing 47

ORDER GRANTING STIPULATED ORDER REGARDING SCHEDULING AND ORDER TO SHOW CAUSE RE: REASSIGNMENT re 46 Case Management Statement filed by Gold Club-SF, LLC, S.A.W. Entertainment, LTD, Nicole Hughes, Penny Nunez, Angelynn Hermes. ORDER TO SHOW CAUSE: Show Cause Response due by 11/28/2016. Initial Case Management Conference set for 11/28/2016 is CONTINUED to Tuesday, 12/13/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland. Signed by Judge Yvonne Gonzalez Rogers on 11/22/16. (fs, COURT STAFF) (Filed on 11/22/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NICOLE HUGHES,

Case No. 16-cv-03371-YGR

Plaintiff,
ORDER GRANTING STIPULATED ORDER
REGARDING SCHEDULING AND ORDER TO
SHOW CAUSE RE: REASSIGNMENT

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United States District Court
Northern District of California

v.
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S.A.W. ENTERTAINMENT, LTD,

Re: Dkt. No. 46

Defendant.
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Having considered the stipulations made by the parties in their Joint Case Management
Statement the Court ORDERS as follows:
1. Plaintiffs’ opposition to Defendants’ Motion to Dismiss or, in the Alternative, Stay
Action (“Motion to Dismiss”), Dkt. No. 44, shall be filed no later than November 22, 2016.
2. Defendants’ reply in support of their Motion to Dismiss shall be filed no later than
November 29, 2016.
3. Plaintiffs’ reply in support of their Motion for Conditional Certification and Issuance of
Notice Pursuant § 216(b) of the FLSA (“Motion for Conditional Certification”), Dkt. No. 37, shall
be filed no later than November 29, 2016.

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4. The hearing on Defendants’ Motion to Dismiss will be advanced from January 10, 2017,
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to December 13, 2016, at 2:00 p.m. to be heard with the pending Plaintiffs’ Motion for
Conditional Certification of FLSA Class.
5. The Initial Case Management Conference currently set for November 28, 2016, is
CONTINUED to December 13, 2016, at 2:00 p.m.

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Defendants are further ORDERED TO SHOW CAUSE why this action should not be

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reassigned to Magistrate Judge Laurel Beeler. Defendants shall file a written response to this

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Order to Show Cause no later than November 28, 2016. As the parties are aware, Magistrate

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Judge Beeler previously considered a motion to relate this action to Roe v. SFBSC Management,

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LLC, 3:14-cv-03616-LB (N.D. Cal.) (“Roe”), and agreed that the cases were related but found she
could not order them related because Plaintiff had declined magistrate judge jurisdiction. After
the undersigned permitted Plaintiff to withdraw her declination and consent to magistrate judge
jurisdiction, defendants then opposed the renewed request to relate by stating that it had
determined to block such relation by declining to consent to magistrate judge jurisdiction in the

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instant case. (Roe, Dkt. No. 95.) Now, those same defendants seek to dismiss or stay the instant
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United States District Court
Northern District of California

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action on the grounds that the cases are related “and indeed subsumed by” the Roe before
Magistrate Judge Beeler.
IT IS SO ORDERED.
Dated: November 22, 2016

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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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