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Garrett v. Smoking Everywhere

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 19, 2010

BRYN GARRETT, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
SMOKING EVERYWHERE, INC., A FLORIDA CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER

At the Status Hearing heard on October 18, 2011, the Court decided that Plaintiff shall file a motion for class certification, which is timely noticed for hearing on or before May 16, 2011. Alternatively, Plaintiff shall explain in a filing noticed for hearing no later than May 16, 2011, why this action should not be dismissed for failure of prosecution.

A further status hearing is scheduled to commence at 9:00 a.m. on September 19, 2011. A joint status report shall be filed no later than fourteen (14) days prior to the status hearing.

IT IS SO ORDERED.

20101019

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