Chahal v. Lonergan et al
Filing
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ORDER by Judge Lucy H. Koh Granting 39 Motion to Vacate; Denying as Moot 40 Motion to Shorten Time; Denying as Moot 51 Motion to Strike; Denying as Moot 54 Stipulation. (lhklc1, COURT STAFF) (Filed on 7/10/2017)
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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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GURBAKSH CHAHAL,
Plaintiff,
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Case No. 17-CV-01036-LHK
ORDER LIFTING STAY OF
DISCOVERY AND SETTING CASE
MANAGEMENT CONFERENCE
v.
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BILL LONERGAN, et al.,
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Defendants.
Re: Dkt Nos. 39, 40, 51, 54
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On May 31, 2017, the Court granted a stay of discovery. ECF No. 36. The only basis for
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that stay of discovery was Plaintiff’s shareholder derivative causes of action. On June 16, 2017,
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the Court granted Plaintiff’s stipulation to dismiss his shareholder derivative claims against
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Defendants. ECF No. 38. Thus, Plaintiff has removed the basis for the Court’s stay of discovery.
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On June 16, 2017, Plaintiff filed a Motion to Vacate Discovery Stay. ECF No. 39. On June 30,
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2017, Defendant filed an opposition. ECF No. 52. Because the basis of the Court’s stay of
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discovery has been eliminated, the Court GRANTS Plaintiff’s Motion to Vacate Discovery Stay.
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On June 16, 2017, Plaintiff filed an Administrative Motion to Shorten Time for a Hearing
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on Plaintiff’s Motion to Vacate Discovery Stay. ECF No. 40. On June 19, 2017, Defendant filed
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an opposition. ECF No. 42. On June 27, 2017, Plaintiff filed a reply and an accompanying
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Case No. 17-CV-01036-LHK
ORDER LIFTING STAY OF DISCOVERY AND SETTING CASE MANAGEMENT CONFERENCE
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declaration. ECF No. 46. Because Plaintiff’s Motion to Vacate Discovery Stay has been granted,
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Plaintiff’s Motion to Shorten Time for a Hearing on that motion is DENIED as moot.
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On June 30, 2017, Defendant filed a Motion to Strike the reply and the declaration
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accompanying the reply in support of Plaintiff’s Motion to Shorten Time for a Hearing on
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Plaintiff’s Motion to Vacate Discovery. ECF No. 51. However, because the Motion to Shorten
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Time has been denied as moot, the Court need not consider the reply or the declaration
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accompanying the reply in support of Plaintiff’s Motion to Shorten Time. Therefore, Defendant’s
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Motion to Strike is DENIED as moot.
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On July 5, 2017, the parties stipulated to a briefing schedule on Defendant’s Motion to
Strike to match the current briefing schedule on Defendant’s Motion to Dismiss. ECF No. 54; see
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United States District Court
Northern District of California
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also ECF No. 47 (docket entry for Defendant’s Motion to Dismiss stating, “Responses due by
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8/4/2017. Replies due by 8/25/2017”). Because the Court has denied Defendant’s Motion to
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Strike as moot, the parties’ stipulation regarding the briefing schedule on Defendant’s Motion to
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Strike is DENIED as moot.
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The Court sets a further case management conference for July 19, 2017, at 2:00 p.m. By
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July 14, 2017, the parties shall file a joint case management statement that shall include a joint
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proposed case schedule through trial.
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IT IS SO ORDERED.
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Dated: July 10, 2017
______________________________________
LUCY H. KOH
United States District Judge
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Case No. 17-CV-01036-LHK
ORDER LIFTING STAY OF DISCOVERY AND SETTING CASE MANAGEMENT CONFERENCE
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