Jordon v. Hoag et al

Filing 81

ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Any request to stay discovery under Landis v. North American Co., 299 U.S. 248 (1936), or other authority must be made through a motion filed according to Civil Local Rule 7. In light of the pending motion to dismiss (Dkt. No. 71 ), the court declines to set a case management schedule at this time. Instead, the Case Management Conference is CONTINUED to 11/10/2016 at 10:00 AM before Hon. Edward J. Davila. The parties shall file a Joint Case M anagement Statement, or separate statement as appropriate under Civil Local Rule 16-9, on or before 11/3/2016. The motion to appear telephonically (Dkt. No. 80 ) is TERMINATED AS MOOT. Signed by Hon. Edward J. Davila on 7/1/2016. (ofr, COURT STAFF) (Filed on 7/1/2016) (Additional attachment(s) added on 7/1/2016: # 1 CERTIFICATE OF SERVICE) (ofr, COURT STAFF).

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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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J. D. JORDON,

Case No. 5:15-cv-01819-EJD

United States District Court
Northern District of California

Plaintiff,
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ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

v.
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JAY C. HOAG, et al.,
Defendants.

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Having reviewed the parties’ Case Management Conference Statements (Dkt. Nos. 78, 79),
the court orders as follows:
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Any request to stay discovery under Landis v. North American Co., 299 U.S. 248

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(1936), or other authority must be made through a motion filed according to Civil Local Rule 7.

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The court is unable to properly examine Defendants’ request based only on statements made in a

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Case Management Conference Statement, particularly when it seems the court must be convinced

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that Plaintiff will be unable to state a claim upon which relief can be granted and Plaintiff must be

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given an opportunity to show prejudice. B. R. S. Land Investors v. United States, 596 F.2d 353,

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356 (9th Cir. 1979); Wood v. McEwen, 644 F.2d 797, 801-802 (9th Cir. 1981).

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2.

In light of the pending motion to dismiss (Dkt. No. 71), the court declines to set a

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case management schedule at this time. Instead, the Case Management Conference is

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CONTINUED to 10:00 a.m. on November 10, 2016. The parties shall file a Joint Case

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Case No.: 5:15-cv-01819-EJD
ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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Management Statement, or separate statements as appropriate under Civil Local Rule 16-9, on or

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before November 3, 2016.

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3.

The motion to appear telephonically (Dkt. No. 80) is TERMINATED AS MOOT.

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IT IS SO ORDERED.
Dated: July 1, 2016
______________________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Case No.: 5:15-cv-01819-EJD
ORDER CONTINUING CASE MANAGEMENT CONFERENCE