Beckman et al v. Arizona Canning Company, LLC et al

Filing 40

ORDER Granting in Part Defendant's Motion to Continue Early Neutral Evaluation Conference and Case Management Conference. The Joint Discovery Plan is due 11/1/2019. The Early Neutral Evaluation and Case Management Conference are reset for 11/13/2019 at 9:30 AM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 10/7/2019. (tcf)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11
12

Case No.: 16cv2792-JAH(BLM)

WILLIAM BECKMAN AND LINDA GANDARA,
individuals, on behalf of themselves, and all
persons similarly situated,

13

ORDER GRANTING IN PART
DEFENDANT’S MOTION TO CONTINUE
EARLY NEUTRAL EVALUATION
CONFERENCE AND CASE
MANAGEMENT CONFERENCE

Plaintiff,

14

v.

15

ARIZONA CANNING COMPANY, LLC,
STATER BROS. MARKETS, AND DOES 1-10

16

[ECF No. 39]

Defendants.

17
18
19

On February 16, 2018, Plaintiff field a Second Amended Complaint (“SAC”). ECF No. 29.

20

Defendant answered the SAC on September 24, 2019. ECF No. 37. That same day, the Court

21

issued a Notice and Order for Early Neutral Evaluation Conference (“ENE”) and Case

22

Management Conference (“CMC”).

23

November 8, 2019. Id. at 1.

ECF No. 38. The Court scheduled the conferences for

24

On October 7, 2019, Defendant filed an Application to Continue Date of Early Neutral

25

Evaluation Conference and Case Management Conference. ECF No. 39. Defendant seeks to

26

continue the ENE and CMC to November 12, 2019. Id. at 2. In support, Defendant sates that

27

it representative, Mr. Mike Weber, will be traveling from Minneapolis where he resides for the

28
1

16cv2792-JAH(BLM)

1

conferences and has a personal commitment on November 9, 2019. Id. Because of the distance

2

and different time zones, Mr. Weber will be unable to attend the conferences and return to

3

Minneapolis in time for his prior commitment.

4

continuance and that “Plaintiffs’ counsel advised that they do not object to this proposed date

5

of November 12th for the ENE and CMC.” Id.

Id.

Defendant notes that this is a brief

6

Good cause appearing, Defendant’s motion is GRANTED IN PART. The ENE and CMC

7

currently scheduled for November 8, 2019 is hereby CONTINUED to November 13, 2019 at

8

9:30 a.m.1

9

([e-mail]) or hand delivery, confidential statements no more than ten

10

(10) pages2 in length directly to the chambers of the Honorable Barbara L. Major.
In the event the case does not settle during the ENE, the Court will conduct an Initial

11
12

CMC. In preparation for this conference, the parties must
a.

1, 2019; and
c.

17
18

Exchange initial disclosures pursuant to Rule 26(a)(1)(A-D) no later than

November 6, 2019.
IT IS SO ORDERED.

19
20

File a Joint Discovery Plan on the CM/ECF system no later than November

23, 2019;

15
16

Meet and confer pursuant to Fed. R. Civ. P. 26(f) no later than October

b.

13
14

On or before November 1, 2019, the parties shall submit via fax, email

Dated: 10/7/2019

21
22
23
24
25
26

27

1

There is no availability on the Court’s calendar on November 12, 2019.

28

2

The parties shall not append attachments or exhibits to the ENE statement.
2

16cv2792-JAH(BLM)