Campbell v. Feld Entertainment, Inc et al

Filing 70

ORDER Re: Consolidation; Continuing Case Management Conference; Vacating Hearing on Motion to Dismiss. Signed by Judge Lucy H. Koh on 6/18/2013. (lhklc3, COURT STAFF) (Filed on 6/18/2013)

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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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SHANNON CAMPBELL,

)
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Plaintiff,
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v.
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FELD ENTERTAINMENT, INC., d/b/a
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RINGLING BROS. AND BARNUM &
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BAILEY CIRCUS, RINGLING BROS. CIRCUS)
GENERAL MANAGER JAMES DENNIS,
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RINGLING BROS. CIRCUS OPERATIONS
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MANAGER MATTHEW GILLET, and Does 1 )
through 10,
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Defendants.
)
)
MARK ENNIS,
)
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Plaintiff,
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v.
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FELD ENTERTAINMENT, INC., et al.,
)
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Defendants.
)
)

Case Nos.: 12-CV-04233-LHK
13-CV-00233-LHK
ORDER RE CONSOLIDATION;
CONTINUING CASE MANAGEMENT
CONFERENCE; VACATING HEARING
ON MOTION TO DISMISS

Pursuant to Rule 42(a)(1) of the Federal Rules of Civil Procedure, the Court hereby

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ORDERS the above-captioned cases, Campbell v. Feld Entertainment Inc. et al, Case No. 12-

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04233-LHK (the “Campbell” case), and Ennis v. Feld Entertainment Inc., et al., Case No. 13-

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00233-LHK (the “Ennis” case), to be consolidated for purposes of motions, discovery, and

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scheduling. The parties shall be entitled to a reasonable expansion of page and discovery limits, as

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Case Nos.: 12-CV-04233-LHK
13-CV-00233-LHK
ORDER RE CONSOLIDATION; CONTINUING CASE MANAGEMENT CONFERENCE;
VACATING HEARING ON MOTION TO DISMISS

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necessary, in light of this consolidation. The issue of consolidating the two cases for trial will be

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determined at a later date.

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Plaintiffs in the Campbell and Ennis cases are hereby ORDERED to file one consolidated

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amended complaint by July 9, 2013. No new causes of action or parties will be added, beyond

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what is included in Plaintiffs’ current complaints. If Defendants choose to file a motion to dismiss

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the consolidated complaint, the consolidated motion to dismiss shall be filed by August 12, 2013,

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and shall be set for hearing on the same date as the currently scheduled motion to dismiss in the

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Ennis case, September 19, 2013, at 1:30 p.m.

United States District Court
For the Northern District of California

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The pending Case Management Conference in the Campbell case, currently set for June 20,

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2013, is hereby CONTINUED to September 19, 2013, at 1:30 p.m. A joint case management

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conference statement for the consolidated cases is to be filed by the parties no later than one week

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prior.

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Defendants’ Motion to Dismiss in the Campbell case, currently set for a hearing on June 20,

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2013, is hereby DENIED as moot in light of the parties’ Report on Order re Amended Complaint

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and Consolidation. See ECF No. 69. Accordingly, the hearing is VACATED.

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Plaintiffs in the Campbell and Ennis cases are also ORDERED to file one consolidated

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motion for preliminary injunction by July 15, 2013. Accordingly, Plaintiff in the Campbell case

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shall withdraw the currently pending motion for preliminary injunction by June 20, 2013. See ECF

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No. 51. Plaintiffs’ consolidated motion for preliminary injunction may not exceed 30 pages. By

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July 29, 2013, Defendants shall file any consolidated opposition to Plaintiff’s motion for

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preliminary injunction. Any such opposition shall not exceed 30 pages. Plaintiffs’ consolidated

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reply in support of the motion for preliminary injunction shall be due by August 5, 2013, and shall

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not exceed 18 pages. The preliminary injunction hearing will remain as set on August 15, 2013,

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although the Court will try to rule on this motion in advance of that date.

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IT IS SO ORDERED.

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Dated: June 18, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case Nos.: 12-CV-04233-LHK
13-CV-00233-LHK
ORDER RE CONSOLIDATION; CONTINUING CASE MANAGEMENT CONFERENCE;
VACATING HEARING ON MOTION TO DISMISS