Luksza et al v. The TJX Companies
Filing
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ORDER that Counsel for the parties shall file a joint pretrial order which fully complies with the requirements of LR 16-3 and LR 16-4 no later than March 4, 2013. Signed by Magistrate Judge George Foley, Jr on 2/20/2013. (Copies have been distributed pursuant to the NEF - SLR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CAROLYN DUNN LUKSZA & PATRICIA
FOSER, individually and on behalf of others
similarly situated,
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Plaintiffs,
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vs.
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TJX COMPANIES, INC., d/b/a TJ MAXX,
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Defendants.
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__________________________________________)
Case No.: 2:11-cv-01359-JCM-GWF
ORDER
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This matter is before the Court on the parties’ failure to file a joint pretrial order required by
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LR 26-1(e)(5). The Order regarding the proposed Stipulated Discovery Plan and Scheduling Order
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(#32) filed November 23, 2011, required the parties to file a joint pretrial order required by LR 26-
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1(e)(5) no later than August 1, 2012, or 30 days after a decision on the dispositive motions.
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Plaintiffs’ Motion for Notice of the Pendency of this Action, Conditional Certification (#8)
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September 27, 2011 was decided on August 8, 2012 and the District Court’s upholding the
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Magistrate Judge’s order denying conditional class certification (#79) was filed December 13,
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2012. Plaintiffs filed a Notice of Appeal (#80) on January 2, 2013. The United States Court of
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Appeals for the Ninth Circuit dismissed the appeal pursuant to Appellants/Plaintiffs’ motion to
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dismiss. There are no further dispositive motions pending. Accordingly,
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IT IS ORDERED that
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Counsel for the parties shall file a joint pretrial order which fully complies
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with the requirements of LR 16-3 and LR 16-4 no later than March 4, 2013.
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Failure to timely comply will result in the imposition of sanctions up to and
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including a recommendation to the District Judge that the complaint be
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dismissed for plaintiff’s failure to prosecute. See Fed. R. Civ. P. 41(b).
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2.
The disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections
thereto shall be included in the pretrial order.
DATED this 20th day of February, 2013.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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