CATRINA R. RODRIGUEZ, on behalf of herself, all others similarly situated v. U.S. HEALTHWORKS, INC., a Delaware corporation et al

Filing 25

ORDER Continuing Case Management Conference; Requiring Status Report. Case Management Statement due by 12/4/2018. Status Report due by 11/9/2018. Further Case Management Conference set for 12/11/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Judge Kandis A. Westmore on 10/24/2018. (kawlc2S, COURT STAFF) (Filed on 10/24/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CATRINA R. RODRIGUEZ, ON BEHALF
OF HERSELF, ALL OTHERS
SIMILARLY SITUATED,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 17-cv-06924-KAW
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE;
REQUIRING STATUS REPORT
Re: Dkt. No. 24

U.S. HEALTHWORKS, INC., A
DELAWARE CORPORATION, et al.,
Defendants.

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A further case management conference is scheduled in this case for October 30, 2018.

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Having reviewed the parties' case management conference statement, the Court CONTINUES the

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case management conference to December 11, 2018 in Courtroom 4, 3rd floor, 1301 Clay Street,

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Oakland, CA 94612.

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The Court also notes that Plaintiff has yet to dismiss Defendant U.S. HealthWorks Holding

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Company, Inc., a company that "presently does not exist or operate," but is instead "currently

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known as Defendant U.S. HealthWorks, Inc." (Dkt. No. 16 at 2 fn.1.) At the initial case

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management conference, Plaintiff represented that Defendant U.S. HealthWorks Holding

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Company, Inc. would be dismissed from the case; based on this representation, the Court set trial

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dates in this case. Because Defendant U.S. HealthWorks Holding Company, Inc. remains in the

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case, however, the Court lacks consents from all parties in the case. See Williams v. King, 875

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F.3d 500, 504 (9th Cir. 2017) (". . . any party's objection is sufficient to prevent jurisdiction from

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vesting in the magistrate judge. Accordingly, jurisdiction cannot vest until the court has received

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consent from all parties to an action."). Therefore, the Court ORDERS Plaintiff to file a status

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report by November 9, 2018, regarding whether she intends to dismiss Defendant U.S.

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HealthWorks Holding Company, Inc. or if the case should be reassigned to a district judge. No

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status report needs to be filed if a dismissal of this Defendant is filed.

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IT IS SO ORDERED.
Dated: October 24, 2018
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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