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James L. Casity, Jr., On Behalf of Himself and All Others Similarly Situated v. Clear Connection Corporation

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


March 7, 2011

JAMES L. CASITY, JR., ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
CLEAR CONNECTION CORPORATION,
DEFENDANT.

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

ORDER

The parties' Joint Status Report ("JSR") filed February 24, 2011, reveals this case is not ready to be scheduled. (ECF No. 16.) Although this is a putative class action, which was filed on October 15, 2010, Plaintiff does not address in the JSR when he will seek class certification. Federal Rule of Civil Procedure 23(c)(1) prescribes the Court "must determine by order whether to certify the action as a class action" at "an early practicable time."

In light of the parties' JSR and the amount of time during which this action has been pending, Plaintiff shall file a motion for class certification on or before July 5, 2011. The motion shall be noticed for hearing on the earliest available regularly scheduled law and motion hearing date.

Further, the Status (Pretrial Scheduling) Conference set for March 14, 2011, is continued to October 17, 2011 commencing at 9:00 a.m. A further joint status report shall be filed no later than fourteen (14) days prior to the status conference.

IT IS SO ORDERED.

20110307

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