De Keczer v. Tetley USA, Inc

Filing 53

ORDER CLARIFYING REFERRAL TO MEDIATION; SCHEDULING CASE MANAGEMENT CONFERENCE. The court clarifies that the order referring this case to mediation filed 10/12/2012 remains in effect. The court extends the deadline to complete mediation to 12/20/20 13. The court schedules this case for a Case Management Conference on 11/22/2013. The parties shall file a Joint Case Management Statement on or before 11/15/2013. Signed by Judge Edward J. Davila on 10/9/2013. (ejdlc1, COURT STAFF) (Filed on 10/9/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
DARYL DE KECZER, individually and on
behalf of all others similarly situated,

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For the Northern District of California

United States District Court

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CASE NO. 5:12-cv-02409 EJD
ORDER CLARIFYING REFERRAL TO
MEDIATION; SCHEDULING CASE
MANAGEMENT CONFERENCE

Plaintiff(s),
v.

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TETLEY USA INC.,
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Defendant(s).
/

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On October 12, 2012, the court granted the parties’ stipulation and referred this matter to

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mediation pursuant to ADR Local Rule 6 to be completed within “90 days from the date the Court

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rules on Defendant’s dispositive motion to be filed.” See Docket Item No. 34. The court ruled on

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Defendant’s dispositive motion on August 16, 2013. See Docket Item No. 47. It then denied the

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parties’ subsequent stipulation again selecting mediation on September 26, 2013. See Docket Item

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No. 52.

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Since the court had already referred this case to mediation, the court construed the parties’

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second stipulation as simply a request to extend the deadline by which mediation must be

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completed, and under that interpretation, denied the request for extension. The court did not intend

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to disturb the prior order.

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Accordingly, the court clarifies that the order referring this case to mediation filed October
12, 2012, remains in effect. As such, mediation should have been completed on or before November
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Case No. 5:12-cv-04209 EJD
ORDER CLARIFYING REFERRAL TO MEDIATION; SCHEDULING CASE MANAGEMENT CONFERENCE

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14, 2013, which is 90 days from the date the court ruled on the dispositive motion. However, in

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light of this clarification, the court extends the deadline to complete mediation to December 20,

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2013.

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In addition, the court schedules this case for a Case Management Conference on November

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22, 2013. The parties shall file a Joint Case Management Statement which proposes, inter alia,

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actual dates1 for a case schedule on or before November 15, 2013.

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IT IS SO ORDERED.

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Dated: October 9, 2013
EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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In other words, the parties should not simply propose that the court postpone setting case
management deadlines due to the pendency of a motion to dismiss. The court will set actual
deadlines, either way.
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Case No. 5:12-cv-04209 EJD
ORDER CLARIFYING REFERRAL TO MEDIATION; SCHEDULING CASE MANAGEMENT CONFERENCE