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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 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, 12 13 v. 14 OMNI HOTELS MANAGEMENT CORPORATION AND DOES 1-25 15 [ECF NO. 8] Defendants. 16 17 18 19 The above-entitled matter was remanded to this Court on September 25, 2020. ECF No. 20 1. Included in the removal papers was a copy of Defendant’s answer to Plaintiff’s complaint. 21 ECF No. 1-2. 22 On September 28, 2020, the Court issued a Notice and Order for Early Neutral Evaluation 23 Conference and Case Management Conference Via Videoconference. ECF No. 5. The Court 24 scheduled the conferences for October 26, 2020 and set related deadlines. Id. 25 On October 13, 2020, the parties filed a Joint Motion to Continue Early Neutral Evaluation 26 Conference and Corresponding deadlines. ECF No. 8. The parties seek to continue the Early 27 Neutral Evaluation Conference (“ENE”) by ninety days. Id. at 3. In support, the parties state 28 that “Plaintiffs intend to file a motion to remand this Action to State Court” and “Omni intends 1 20CV1924-MMA(BLM) 1 to file a motion to dismiss or, alternatively, stay this Action based upon a pending union 2 arbitration by Plaintiffs against Omni and another pending action previously filed in State Court.” 3 Id. at 2 (emphasis added). The parties further state that in light of the anticipated motions, 4 they “agree that a continuation of the ENE Conference, CMC, and corresponding deadlines 5 pe[n]ding resolution of these motions would be in the best interests of the Parties and judicial 6 economy.” Id. 7 The parties’ motion is DENIED. The parties state that they intend to file additional 8 motions, but no other motion has been filed. See Docket. Additionally, Civil Local Rule 16.1(c) 9 requires that “[w]ithin forty-five (45) days of the filing of an answer, counsel and the parties 10 must appear before the assigned judicial officer supervising discovery for an early neutral 11 evaluation conference.” 12 13 14 IT IS SO ORDERED. Dated: 10/14/2020 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 20CV1924-MMA(BLM)

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