Nagahi v. California Employment Development Department et al

Filing 293

ORDER AFTER PRETRIAL CONFERENCE. Accordingly, on or before 5:00 p.m. on January 22, 2016, each party shall serve and file a supplemental brief. On or before 5:00 p.m. on February 12, 2016, each party shall serve and file a response to the other p artys supplemental brief. Upon receiving and reviewing the supplemental briefing the court will determine whether an additional hearing is necessary to carry out the Ninth Circuit's instructions on remand and, if so, what form that hearing shoul d take. As such, the court trial scheduled for 12/152015, is VACATED.As to the second form of relief to which Plaintiff "may be eligible," counsel for Defendants stated at the conference that "a written notification regarding [Plaintif f's] application for Remedial Education benefits" would issue on or before 5:00 p.m. on December 18, 2015. The court orders that such notice issue by that date and time in accordance with counsel's statement. The court schedules this action for a Status Conference at 10:00 a.m. on February 25, 2016. Signed by Judge Edward J. Davila on 12/3/2015. (ecg, COURT STAFF) (Filed on 12/3/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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REZA NAGAHI,

Case No. 5:07-cv-06268-EJD

Plaintiff,
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ORDER AFTER PRETRIAL
CONFERENCE

v.
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United States District Court
Northern District of California

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CALIFORNIA EMPLOYMENT
DEVELOPMENT DEPARTMENT, et al.,

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Defendants.

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On December 3, 2015, the parties to the above-entitled action appeared before Judge

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Edward J. Davila for a Pretrial Conference. Based on a review of the action and the discussions

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held at the conference, the court orders as follows:

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1.

Pursuant to the Ninth Circuit’s opinion filed July 11, 2014, this action was

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remanded to this court “so that [Plaintiff] might be provided with two possible forms of relief to

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which he may be eligible: the appropriate measure of Additional Trade Readjustment Allowance

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monetary benefits to which he is entitled by statute, and a written notification regarding his

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application for Remedial Education benefits.”

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2.

As to the first possible form of relief to which Plaintiff “may be eligible,” the court

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determined that that the parties must submit their respective proposals of “the appropriate measure

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of Additional Trade Readjustment Allowance monetary benefits to which [Plaintiff] is entitled by

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statute.” Accordingly, on or before 5:00 p.m. on January 22, 2016, each party shall serve and

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file a supplemental brief which: (1) explains and calculates their position as to “the appropriate

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measure,” (2) cites all legal authority which supports the calculation, and (3) explains what order

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this court should issue to finally resolve this action, keeping in mind both the claims asserted in

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Case No.: 5:07-cv-06268-EJD
ORDER AFTER PRETRIAL CONFERENCE

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the Complaint, this action’s procedural history, and the specific instruction provided by the Ninth

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Circuit on remand. Thereafter, on or before 5:00 p.m. on February 12, 2016, each party shall

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serve and file a response to the other party’s supplemental brief.

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3.

Upon receiving and reviewing the supplemental briefing described above, the court

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will determine whether an additional hearing is necessary to carry out the Ninth Circuit’s

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instructions on remand and, if so, what form that hearing should take. As such, the court trial

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scheduled for December 15, 2015, is VACATED.

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As to the second form of relief to which Plaintiff “may be eligible,” counsel for

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Defendants stated at the conference that “a written notification regarding [Plaintiff’s] application
for Remedial Education benefits” would issue on or before 5:00 p.m. on December 18, 2015.

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United States District Court
Northern District of California

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The court orders that such notice issue by that date and time in accordance with counsel’s

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statement.
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The court schedules this action for a Status Conference at 10:00 a.m. on February

25, 2016.

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IT IS SO ORDERED.
Dated: December 3, 2015
______________________________________
EDWARD J. DAVILA
United States District Judge

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Case No.: 5:07-cv-06268-EJD
ORDER AFTER PRETRIAL CONFERENCE