The opinion of the court was delivered by: Judge: Hon. Susan Illston
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND STAY Date: Friday, February 29, 2008 Time: 2:30 p.m.
Plaintiff Okechukwu Mbama and defendant Target Corporation ("Target"), appearing through their respective counsel of record, stipulate as follows:
1. On September 18, 2007, the parties filed their first Joint Case Management Statement (Docket No. 24); informed the Court of the related litigation in Mora v. Target Corp., U.S.D.C., S.D. Cal., No. 07-CV-0719-BEN-WMC ("Mora"), pending before United States District Judge Roger T. Benitez in the Southern District of California; and reported Target's motion to dismiss the complaint in Mora was still pending before Judge Benitez.
2. On September 28, 2007, following the initial case management conference in this action, the Court stayed proceedings and set a further case management conference for Friday, November 16, 2007, to allow Judge Benitez time to rule on Target's motion to dismiss in Mora.
3. On November 9, 2007, the parties reported in their Joint Case Management Statement (Docket No. 28) that Judge Benitez had denied Target's motion to dismiss the complaint in Mora, but had simultaneously issued an order to show cause why Mora should not be dismissed for lack of subject matter jurisdiction. Based on its confidence that Judge Benitez would find jurisdiction in Mora proper under the Class Action Fairness Act of 2005, 28 U.S.C. § 1332(d), Target asked that the Court continue the case management conference and stay until January 2008 in the anticipation that Judge Benitez would have discharged the order to show cause by that time.
4. Following the case management conference on November 16, 2007, the Court continued the stay in this action and set a further case management conference for January 18, 2008. Following the parties' further stipulation to continue the January 18, 2008, case management conference, however, the Court reset the case management conference and extended the stay to February 29, 2008.
5. Even though the parties in Mora filed briefs in support of the Court's jurisdiction, Judge Benitez has not yet discharged his order to show cause in Mora.
6. Accordingly, the parties request that the Court vacate the case management conference set for February 29, 2008; set a further case management conference for Friday, April 25, 2008, at 2:30 p.m.; and continue the stay in this action until April 25, 2008.
Dated: February 22, 2008.
On the stipulation of the parties, and good cause appearing therefore,
IT IS HEREBY ORDERED that the further case management conference set for Friday, February 29, 2008, at 2:30 p.m. in this action is vacated.
IT IS HEREBY ALSO ORDERED that the parties shall appear on Friday, April 25, 2008, at 2:30 p.m. for a further case management conference in this action, with the parties' joint case ...