Lopez v. Wal-Mart Stores, Inc

Filing 77

Order by Hon. Lucy H. Koh denying 76 Stipulation Requesting Continuance of Trial Date.(lhklc3, COURT STAFF) (Filed on 5/1/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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ROSALIND LOPEZ,
Plaintiff,

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v.
WAL-MART STORES, INC., ET AL.,
Defendants.

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Case No.: 11-CV-01632-LHK
ORDER DENYING JOINT REQUEST
TO CONTINUE PRETRIAL
DEADLINES AND TRIAL DATE

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The pretrial conference in this case is currently set for May 2, 2012, and a jury trial is
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scheduled to begin on May 21, 2012. On April 20, 2012, after filing their respective motions in
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limine and a joint pretrial conference statement, the parties jointly filed a Notice of Settlement and
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Request for Continuance of Pretrial Filing Dates, in which they sought to extend the deadline for
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oppositions to motions in limine from April 23 to April 27, 2012. ECF No. 70. The parties further
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stated, “The parties do not believe that a continuance of the pretrial conference is necessary at this
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time.” Id. at 2. The Court granted the parties’ request and ordered the parties to file their
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stipulation of dismissal with prejudice by April 26, 2012. See ECF No. 73. On April 26, 2012, the
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parties again filed a Joint Request for Further Continuance of Pretrial Deadlines, requesting
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“additional time to complete the settlement and file a stipulation of dismissal.” ECF No. 74. The
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parties specifically requested that: (1) the deadline for filing a stipulation of dismissal be extended
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to April 30, 2012; (2) the current pretrial conference date of May 2, 2012 be maintained; and (3)
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Case No.: 11-cv-01632-LHK
ORDER DENYING REQUEST TO CONTINUE TRIAL

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the oppositions to motions in limine, jury instructions, verdict forms, and proposed voir dire be due

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May 1, 2012. Id. That same day, the Court granted the parties’ request on all three counts. See

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ECF No. 75.
Notwithstanding the parties’ repeated representations to the Court that they had reached a

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settlement and expected to be able to file a stipulation of dismissal in advance of the May 2, 2012

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pretrial conference date, on April 30, 2012, the parties filed a Joint Request for 45-60 Day

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Continuance of Trial Date and Pretrial Deadlines. See ECF No. 76. This Court will not continue

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the trial date. Accordingly, the trial in this case remains as set and will begin on May 21, 2012 at

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9:00 a.m. The pretrial conference is hereby continued from May 2, 2012, to May 10, 2012, at 1:30

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United States District Court
For the Northern District of California

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p.m. Oppositions to motions in limine, jury instructions, verdict forms, and proposed voir dire are

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due May 3, 2012.

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IT IS SO ORDERED.

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Dated: May 1, 2012

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 11-cv-01632-LHK
ORDER DENYING REQUEST TO CONTINUE TRIAL