Cortez v. Johnson et al

Filing 21

ORDER Regarding Joint Case Management Statement and Resetting Case Management Conference for June 8, 2011 at 2 p.m. Signed by Judge Lucy H. Koh on 5/18/2011. (lhklc2, COURT STAFF) (Filed on 5/18/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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OSCAR MUNOZ CORTEZ,

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Plaintiff,
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v.
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JEFFREY LYNN JOHNSON; ROOF GUARD )
ROOFING COMPANY, INC.; and ROOF
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GUARD COMPANY, INC.,
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Defendants.
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)

Case No.:10-CV-03479-LHK
FURTHER ORDER REQUIRING
SUBMISSION OF JOINT CASE
MANAGEMENT STATEMENT

This case was filed on August 9, 2010, and was set for an initial Case Management

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Conference before the undersigned Judge on November 24, 2010. On November 17, 2010, the

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parties submitted a joint case management statement stating that all parties consented to proceed

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for all purposes before a Magistrate Judge. Dkt. No. 11. Accordingly, the case was reassigned to

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Magistrate Judge Lloyd on November 19, 2010. On March 25, 2010, Judge Lloyd set a Case

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Management Conference and ordered that the parties file a statement either consenting or declining

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to proceed before him by April 5, 2011. On April 4, 2011, the Plaintiff filed a statement

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consenting to proceed before Judge Lloyd, but the Defendants filed a statement declining to

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proceed before him.

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On April 7, 2011, the Court issued an Order stating that it wished to “set a case schedule as
soon as possible to prohibit any further delay,” and ordering the parties to submit a Joint Case
Management Statement by April 15, 2011 “setting forth a proposed case schedule through trial.”
Case No.: 10-CV-03479-LHK
FURTHER ORDER RE SUBMISSION OF JOINT CASE MANAGEMENT STATEMENT

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On April 16, 2011, the parties filed a Joint Case Management Statement which failed to set

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forth a proposed case schedule. Plaintiff’s counsel indicates that the parties may have settled this
matter, but Defendants content that no settlement has been finalized.
The Court hereby advances the date of the Case Management Conference from August 3,

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United States District Court
For the Northern District of California

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2011 to June 8, 2011 at 2 p.m. The parties shall file a Joint Case Management Statement by June
1, 2011. In the Joint Case Management Statement, the parties shall confirm whether or not the case
has settled. If the case has settled, the parties shall indicate when a stipulated dismissal will be
filed, or, if a fairness hearing is required, propose a schedule for the fairness hearing. If the case
has not settled, the parties are ordered to submit a proposed case schedule including all necessary
deadlines (including dates for class certification, discovery cutoff, dispositive motions, pretrial
conference and trial). If the parties do not submit a proposed schedule, the Court will set one
without their input. If Plaintiff’s counsel is unable to communicate with his client in order to
prepare the Joint Case Management Statement, he should indicate this in the Joint Case
Management Statement and submit a motion to withdraw from the case, if appropriate, by June 1,
2011.
The parties are reminded that failure to comply with the Local Rules and this Court’s
Orders can result in sanctions, and that failure to prosecute this case can subject the matter to
dismissal for failure to prosecute.
IT IS SO ORDERED.
Dated: May 18, 2011

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 10-CV-03479-LHK
FURTHER ORDER RE SUBMISSION OF JOINT CASE MANAGEMENT STATEMENT