Gong-Chun v. Aetna Life Insurance Company et al
Filing
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ORDER SETTING Status Conference for 3/8/2012, at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall file a Joint Scheduling Report on or before 3/1/2012; and a copy of the Joint Scheduling Report shall be emailed to SKOorders@caed.uscourts.gov on or before 3/1/2012. Order signed by Magistrate Judge Sheila K. Oberto on 11/28/2011. (Timken, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL GONG-CHUN, individually and
on behalf of other members of the general
public similarly situated,
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CASE NO. 1:09-cv-01995-AWI-SKO
ORDER SETTING STATUS
CONFERENCE
Plaintiff,
v.
AETNA LIFE INSURANCE COMPANY,
et al.,
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Defendants.
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/
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On May 17, 2010, this case was stayed pending the California Supreme Court's decision in
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Brinker Restaurant Corp. v. Superior Court ("Brinker"), 80 Cal. Rptr. 3d 781 (Cal. Ct. App. 2008),
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petition for review granted, 85 Cal. Rptr. 3d 688, 196 P.3d 216. Oral argument in Brinker was heard
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by the California Supreme Court on November 8, 2011, and the matter has been submitted for
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decision. Pursuant to the California Supreme Court's internal operating procedures,1 a decision will
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issue on or before February 6, 2012.
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See Internal Operating Practices and Procedures of the California Supreme Court 23 (2007 ed.) ("The court
files its written o pinio n within 9 0 d ays after oral argument."),available at
http://www.courts.ca.gov/documents/2007_Supreme_Court_Booklet.pdf.
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In light of this, a status conference shall be held on March 8, 2012, at 9:30 a.m. in
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Courtroom 7, to assess whether the stay should be lifted and to address scheduling deadlines. The
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parties shall file a Joint Scheduling Report on or before March 1, 2012, that complies with the
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instructions set forth in the November 13, 2009, order at docket number 7. The Joint Scheduling
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Report shall be electronically filed on CM/ECF, and a conforming copy shall be emailed in
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WordPerfect or Word format to skoorders@caed.uscourts.gov.
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If any or all of the parties wish to appear telephonically at the status conference, they must
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note their request to appear telephonically in the caption of the Joint Scheduling Report. To appear
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telephonically, the parties are required to coordinate one conference call to (559) 499-5790 at the
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appointed time and date for the conference.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
A status conference is SET for March 8, 2012, in Courtroom 7, at 9:30 a.m.;
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2.
The parties shall file a Joint Scheduling Report on or before March 1, 2012; and
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3.
A
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copy
of
the
Joint
Scheduling
Report
shall
be
emailed
skoorders@caed.uscourts.gov on or before March 1, 2012.
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IT IS SO ORDERED.
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Dated:
ie14hj
November 28, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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