Commiskey v. Equifax, Inc. et al

Filing 48

Order Directing Parties to File Updated Joint Case Management Statement. Signed by Judge Lucy Koh on 06/16/2016. (lhklc2S, COURT STAFF) (Filed on 6/16/2016)

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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
Northern District of California

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MICHAEL COMMISKEY,
Plaintiff,

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Case No. 16-CV-01497-LHK
ORDER DIRECTING PARTIES TO
FILE UPDATED JOINT CASE
MANAGEMENT STATEMENT

v.
EQUIFAX, INC., et al.,
Defendants.

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On June 15, 2016, Defendants SunTrust Mortgage, Inc. (“SunTrust”); Homeward

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Residential, Inc. (“Homeward”); Wells Fargo, N.A. (“Wells Fargo”); and Equifax, Inc.

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(“Equifax”) filed a case management statement in advance of the June 22, 2016 initial case

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management conference. ECF No. 45. The statement, however, fails to comply with Civil Local

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Rule 16-9, the rule governing the filing of joint case management statements.

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Specifically, the case management statement at issue was filed unilaterally, without

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participation from Plaintiff or from the remaining Defendants in this action—PNC Bank, National

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Association (“PNC”) and Pacific Credit Services, Inc. (“PCS”). From the Court’s review of the

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record, a summons was issued as to all Defendants on March 29, 2016, ECF No. 5, but it appears

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that neither PNC nor PCS have yet been served.

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Case No. 16-CV-01497-LHK
ORDER DIRECTING PARTIES TO FILE UPDATED JOINT CASE MANAGEMENT STATEMENT

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Defendants’ case management statement also fails to specify any proposed dates for fact

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discovery, expert discovery, the filing of dispositive motions, the pretrial conference, or trial.

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Accordingly, the Court ORDERS the parties to file an updated joint case management

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statement by June 20, 2016, at 10 a.m. This statement should:

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Reflect the input of both Plaintiff and all Defendants who have been served.

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Specify whether PNC and PCS have been served. If PNC and PCS have not been
served, Plaintiff must state when PNC and PCS will be served.

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of dispositive motions, the final pretrial conference, and trial.

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Include proposed deadlines for the completion of fact and expert discovery, the filing

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Indicate whether Homeward’s pending motion to dismiss, ECF No. 26, is now moot

United States District Court
Northern District of California

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because, according to Homeward, the parties have settled Plaintiff’s claims as to

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Homeward, ECF No. 45 at 7.

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IT IS SO ORDERED.

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Dated: June 16, 2016.

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______________________________________
LUCY H. KOH
United States District Judge

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Case No. 16-CV-01497-LHK
ORDER DIRECTING PARTIES TO FILE UPDATED JOINT CASE MANAGEMENT STATEMENT