IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
February 22, 2011
LUIS SANDOVAL, ET AL.,
AB LANDSCAPING, INC., ET AL.,
The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge
** E-filed February 22, 2011 **
NOT FOR CITATION
United States District Court For the Northern District of California
FURTHER CASE MANAGEMENT
The order that follows is based on the February 22, 2011 discussion at
what ostensibly was a
pretrial conference. At the conference, the parties informed the
Court that this purported wage-and-18 hour class action has settled as
to three of the four named plaintiffs (Luis Sandoval, Israel
Rodriguez, and Cesar Martinez) and the purported class members. The
remaining named plaintiff,
Ricardo Jimenez, refuses to settle, and the parties came to no
agreement as to him.
Based on plaintiffs' counsel's representations, it appears that the relationship between Jimenez and his counsel has become irreparably damaged, and it is the Court's understanding that 23 plaintiffs' counsel will be filing a noticed motion for leave to withdraw as his attorney by March 1, 2011. In light of these circumstances, Jimenez's claims are severed from those of the other three 25 plaintiffs and the purported class members.
As for the three other plaintiffs and the purported class members, the Court vacates the February 28, 2011 trial date. The parties may file any joint motion for preliminary approval of the 28 class settlement by March 15, 2011.
As for Jimenez, the Court vacates the February 28, 2011 trial date. If
the Court grants his
counsel's motion for leave to withdraw, Jimenez shall either engage
new counsel or represent 3 himself pro se. A new trial date shall be
set upon the resolution of his legal representation.
In addition, the Court discharges its order that plaintiffs' counsel
appear and show cause why
the case should not be dismissed or sanctions imposed for failure to
prosecute. Docket No. 42.
IT IS SO ORDERED.
C09-04969 HRL Notice will be electronically mailed to: Adam Wang firstname.lastname@example.org, email@example.com, firstname.lastname@example.org Adam Lee Pedersen email@example.com Roger Mark Mason firstname.lastname@example.org, email@example.com 4 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. 5 6 7 8 9 10
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