Opinion
Case No: C 10-5261 SBA.
October 7, 2011
ORDER
In a letter dated September 21, 2011, the parties have requested that the Court lift the stay in this action. In the letter, the parties indicate that Plaintiff intends to file a motion for leave to file an amended complaint. On calendar for November 8, 2011 is Plaintiff's motion to remand and a Case Management Conference. Based on judicial economy considerations, the Court finds that Plaintiff's motion for leave to file an amended complaint should be heard on the same date as Plaintiff's motion to remand. Accordingly, IT IS HEREBY ORDERED that the stay in this action is LIFTED. The hearing on Plaintiff's motion to remand and the Case Management Conference currently scheduled for November 8, 2011 are VACATED. Plaintiff shall file his motion for leave to file an amended complaint within twenty (20) days from the date of this Order. Upon filing his motion for leave to file an amended complaint, Plaintiff shall notice the hearing on Plaintiff's motion for leave to file an amended complaint and shall re-notice Plaintiff's motion for remand and Case Management Conference to the next available hearing date so that the motions may be heard and Case Management Conference may proceed on the same date. Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court, in its discretion, may resolve the motion without oral argument. The parties are advised to check the Court's website to determine whether a court appearance is required. Prior to the date scheduled for the Case Management Conference, the parties shall meet and confer and prepare a joint Case Management Conference Statement. Plaintiff is responsible for filing the joint statement no less than seven (7) days prior to the conference date. The joint statement shall comply with the Standing Order for All Judges of the Northern District of California and the Standing Orders of this Court.
IT IS SO ORDERED.
Dated: October 6, 2011