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Bryn Garrett, Individually, and On Behalf of Other Members of v. Smoking Everywhere

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


March 24, 2011

BRYN GARRETT, INDIVIDUALLY, AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC 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

The parties' Joint Stipulation filed on March 23, 2011, in essence seeks the below continuance, which is granted without deciding the good cause issue. Therefore, Plaintiff shall a motion for class certification which is timely noticed for hearing on July 25, 2011, commencing at 9:00 a.m. Alternatively, Plaintiff shall explain in a filing noticed for hearing at the same time and date, why this action should not be dismissed for failure of prosecution.

IT IS SO ORDERED.

20110324

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