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Dobler & Sons LLC, et al v. California Organics

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 30, 2011

DOBLER & SONS LLC, ET AL.,
PLAINTIFFS,
v.
CALIFORNIA ORGANICS, LLC, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER DENYING MOTION TO SHORTEN TIME; SETTING EXPEDITED BRIEFING SCHEDULE REGARDING MOTION TO CONSOLIDATE

Related Case No.: 11-CV-0529-LHK

United States District Court For the Northern District of California

OCEANO PACKING COMPANY, ET AL., Plaintiffs v. CALIFORNIA ORGANICS LLC, ET AL., Defendants

intervenor in Case Number 10-CV-4092-LHK ("Dobler Action") and a plaintiff in the related Case 22 Number 11-CV-0529 ("Oceano Action"), filed a motion to consolidate on February 8, 2011. The 23 hearing on that motion was set for April 5, 2011 before the Honorable Howard R. Lloyd. After 24 reassignment, this Court noticed the motion for a hearing date of May 12, 2011, with a Case 25 Management Conference to follow.

Prior to reassignment to this Court, Ocean Packing Company, LLC ("Oceano"), a plaintiff-

On March 25, 2011, Oceano moved to shorten time in both cases in order to have the motion to consolidate hearing on April 7, 2011. See Dkt. #35 in Dobler Action and Dkt. #27 in 3

Oceano Action. These motions are DENIED. 4

In light of the continuance of the motion hearing after reassignment, however, the Court finds an expedited briefing schedule appropriate. Accordingly, any opposition to the motion to 6 consolidate is due by Friday, April 8, 2011, and any reply is due by Friday, April 15, 2011. If no 7 hearing is needed, the Court will issue a decision promptly after briefing is completed.

If all the parties consent to consolidation by stipulation, Oceano may withdraw its motion, and the Court will adopt the stipulation.

If the pending motions are resolved, either by an Order on the briefs or by stipulation, the Court will vacate the May 12, 2011 motion hearing, and only proceed with the May 12, 2011 Case Management Conference.

IT IS SO ORDERED. 14 15

20110330

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