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Englert v. City of Merced, 1:18-cv-01239-LJO-SAB. (2018)

Court: District Court, E.D. California Number: infdco20181219a06 Visitors: 1
Filed: Dec. 17, 2018
Latest Update: Dec. 17, 2018
Summary: JOINT STIPULATION AND ORDER TO RE-SET MANDATORY SCHEDULING CONFERENCE STANLEY A. BOONE , Magistrate Judge . TO THE COURT AND ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: WHEREAS, on September 12, 2018, Plaintiffs filed this putative collective action asserting the City of Merced ("Defendant") violated the overtime payment provisions of the Fair Labor Standards Act ("FLSA") (Dkt. No. 1); WHEREAS, on October 9, 2018, Defendant moved to dismiss Plaintiffs' Complaint under Rule 12(b)
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JOINT STIPULATION AND ORDER TO RE-SET MANDATORY SCHEDULING CONFERENCE

TO THE COURT AND ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:

WHEREAS, on September 12, 2018, Plaintiffs filed this putative collective action asserting the City of Merced ("Defendant") violated the overtime payment provisions of the Fair Labor Standards Act ("FLSA") (Dkt. No. 1);

WHEREAS, on October 9, 2018, Defendant moved to dismiss Plaintiffs' Complaint under Rule 12(b)(6) and for a more definite statement under Rule 12(e) (Dkt. No. 4-1);

WHEREAS, on October 15, 2018 this Court issued an order setting the Mandatory Scheduling Conference for January 8, 2019 and setting January 1, 2019 as the last day for the Parties' to file their Joint Scheduling Report (Dkt. No. 9, 2:14-15);

WHEREAS, on November 14, 2018, after briefing on Defendant's motion closed, this Court deemed the pending motion suitable for decision on the papers, vacated the hearing scheduled for November 20, 2018, and took the motion under submission (Dkt. No. 15);

WHEREAS, to date, this Court has not yet ruled on Defendant's motion;

WHEREAS, in order to conserve client resources and promote judicial economy, the Parties agree that the Mandatory Scheduling Conference scheduled for January 8, 2019 should be briefly continued for 30 days and the dates for the conference and Joint Scheduling Report be adjusted accordingly;

THEREFORE, IT IS HEREBY STIPULATED by the Parties:

1) The Mandatory Scheduling Conference is to be held on or after February 7, 2019, as the Court's calendar permits; 2) The Joint Scheduling Report must be filed not less than seven (7) calendar days prior to the Mandatory Scheduling Conference; and 3) The Parties shall meet and confer not less than twenty (20) days prior to the Mandatory Scheduling Conference.

ORDER

IT IS SO ORDERED THAT:

1. The Mandatory Scheduling Conference shall be continued to February 12, 2019 at 10:30 a.m.;

2. The Joint Scheduling Report must be filed not less than seven (7) calendar days prior to the Mandatory Scheduling Conference; and

3. The Parties shall meet and confer not less than twenty (20) days prior to the Mandatory Scheduling Conference.

IT IS SO ORDERED.

Source:  Leagle

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