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Robert Birnbaum v. the Valspar Corporation

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


March 27, 2013

ROBERT BIRNBAUM,
PLAINTIFF,
v.
THE VALSPAR CORPORATION, AND
DOES 1 THROUGH 5, INCLUSIVE DEFENDANTS.

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

ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE

The Joint Status Report filed March 18, 2013 ("JSR") reveals this case is not ready to be scheduled.

Defendant contends in the JSR: "Plaintiff was and is employed by Engineered Polymer Systems, Inc., which is a wholly owned subsidiary of The Valspar Corporation. Defendant anticipates Plaintiff will amend his complaint to name Engineered Polymer Systems, Inc. as a defendant and that The Valspar Corporation wi be dismissed." (JSR 2:8-11, ECF No. 7.) However, Defendant does not state when such an amendment is anticipated,*fn1 and Plaintiff does not indicate whether he agrees with Defendant's representations concerning possible amendment of the Complaint. (Id. at 2:6.)

Since further information concerning these issues is necessary in determining how to schedule this action, the Status (Pretrial Scheduling) Conference scheduled for hearing on April 1, 2013, is continued to April 15, 2013, 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.


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