Martinez et al v. Omni Hotels Management Corporation et al

Filing 10

ORDER Denying #8 Joint Motion to Continue Early Neutral Evaluation Conference and Corresponding Dates and Deadlines. Signed by Magistrate Judge Barbara Lynn Major on 10/14/2020. (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 20CV1924-MMA(BLM)

ENRIQUE MARTINEZ AND ERIC TRUMPE,

ORDER DENYING JOINT MOTION TO
CONTINUE EARLY NEUTRAL
EVALUATION CONFERENCE AND
CORRESPONDING DATES AND
DEADLINES

Plaintiffs,

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v.

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OMNI HOTELS MANAGEMENT
CORPORATION AND DOES 1-25

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[ECF NO. 8]

Defendants.

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The above-entitled matter was remanded to this Court on September 25, 2020. ECF No.

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1. Included in the removal papers was a copy of Defendant’s answer to Plaintiff’s complaint.

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ECF No. 1-2.

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On September 28, 2020, the Court issued a Notice and Order for Early Neutral Evaluation

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Conference and Case Management Conference Via Videoconference. ECF No. 5. The Court

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scheduled the conferences for October 26, 2020 and set related deadlines. Id.

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On October 13, 2020, the parties filed a Joint Motion to Continue Early Neutral Evaluation

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Conference and Corresponding deadlines. ECF No. 8. The parties seek to continue the Early

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Neutral Evaluation Conference (“ENE”) by ninety days. Id. at 3. In support, the parties state

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that “Plaintiffs intend to file a motion to remand this Action to State Court” and “Omni intends
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20CV1924-MMA(BLM)

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to file a motion to dismiss or, alternatively, stay this Action based upon a pending union

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arbitration by Plaintiffs against Omni and another pending action previously filed in State Court.”

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Id. at 2 (emphasis added). The parties further state that in light of the anticipated motions,

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they “agree that a continuation of the ENE Conference, CMC, and corresponding deadlines

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pe[n]ding resolution of these motions would be in the best interests of the Parties and judicial

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economy.” Id.

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The parties’ motion is DENIED. The parties state that they intend to file additional

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motions, but no other motion has been filed. See Docket. Additionally, Civil Local Rule 16.1(c)

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requires that “[w]ithin forty-five (45) days of the filing of an answer, counsel and the parties

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must appear before the assigned judicial officer supervising discovery for an early neutral

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evaluation conference.”

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IT IS SO ORDERED.
Dated: 10/14/2020

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20CV1924-MMA(BLM)