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Ryan Mathias, Individually and On Behalf of Other Members of the General Public Similarly Situated v. Smoking Everywhere

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


September 14, 2011

RYAN MATHIAS, 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

CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE

ORDER

The undersigned judge erroneously referred this matter to the Magistrate Judge under Local Rule 302 (c)(21) in an Order filed July 22, 2011. (Order, ECF No. 35.) That portion of the July 22, 2011 Order is vacated. Following issuance of the July 22, 2011 Order, Plaintiff's filed a "Motion for Class Certification" which is noticed for hearing before the Magistrate Judge on October 20, 2011. This motion is rescheduled for hearing before the undersigned judge on October 24, 2011, commencing at 9:00 a.m.

Further, the status conference scheduled for hearing on September 19, 2011, is continued to June 11, 2012, commencing at 9:00 a.m. A status report shall be filed fourteen (14) days prior to the status conference in which Plaintiff is required to explain the status of the default proceedings; if a default judgment motion is not then resolved, Plaintiff shall also explain why this action should not be dismissed for failure to prosecute.

IT IS SO ORDERED.

20110914

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