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B.O.L.T. v. CITY OF RANCHO CORDOVA

No. 2:14-cv-01588-GEB-DAD.

B.O.L.T., an unincorporated association of motorcycle riders and enthusiasts; MARK TEMPLE, an individual; NOREEN McNULTY, an individual; WARREN PEARL, an individual; LYLE DUVAUCHELLE, an individual; GLENN OSBORN, an individual; JEFFREY RABE, an individual; DAVID ZALITSKIY, an individual; WILLIAM LANGHORNE, an individual; THOMAS BELL, an individual; ROBERT BALTHORPE II, an individual, Plaintiffs, v. CITY OF RANCHO CORDOVA, a political subdivision of the state of California; COUNTY OF SACRAMENTO, a political subdivision of the state of California; RANCHO CORDOVA POLICE DEPARTMENT, an independent legal agency of the COUNTY OF SACRAMENTO and the CITY OF RANCHO CORDOVA; SACRAMENTO COUNTY SHERIFF'S DEPARTMENT; MICHAEL GOOLD, in his official capacity as the Chief of Police of the CITY OF RANCHO CORDOVA; RANCHO CORDOVA POLICE TRAFFIC SERGEANT G. LANE, in his individual and official capacity as Supervisor of the Traffic Division; SCOTT R. JONES, in his official capacity as the SHERIFF of the COUNTY OF SACRAMENTO; RANCHO CORDOVA POLICE OFFICER S. CARRDOZZO (badge number 480); RANCHO CORDOVA POLICE OFFICER M. JAMES (badge number 507); RANCHO CORDOVA POLICE OFFICER S. PADGETT (badge number 1174), Defendants.

United States District Court, E.D. California.

November 5, 2014.

Attorney(s) appearing for the Case

B.O.L.T., Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

Mark Temple, Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

John Dalke, Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

Lawrence Haven, also known as Wolf, Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

Noreen McNulty, Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

Warren Pearl, Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

Lyle Duvauchelle, Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

Glenn Osborn, Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

Jeffrey Rabe, Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

David Zalitskiy, Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

William Langhorne, Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

Thomas Bell, Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

Robert Balthorpe, II, Plaintiff, represented by Daniel M. Karalash , Strategic Law Command & Gary William Gorski , Law Offices of Gary W. Gorski.

City of Rancho Cordova, Defendant, represented by Terence John Cassidy , Porter Scott, APC.

County of Sacramento, Defendant, represented by Terence John Cassidy , Porter Scott, APC.

Rancho Cordova Police Department, Defendant, represented by Terence John Cassidy , Porter Scott, APC.

Sacramento County Sheriff's Department, Defendant, represented by Terence John Cassidy , Porter Scott, APC.

G. Lane, Traffic Sgt., Defendant, represented by Terence John Cassidy , Porter Scott, APC.

Scott R. Jones, Sheriff, Defendant, represented by Terence John Cassidy , Porter Scott, APC.

S. Carrozzo, Officer, #480, Defendant, represented by Terence John Cassidy , Porter Scott, APC.

M. James, Officer, #507, Defendant, represented by Terence John Cassidy , Porter Scott, APC.

S. Padgett, Officer, #1174, Defendant, represented by Terence John Cassidy , Porter Scott, APC.

Michael Goold, in his offical capacity as the Chief of Police of the City of Rancho Cordova, Defendant, represented by Terence John Cassidy , Porter Scott, APC.

ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE

GARLAND E. BURRELL, Jr., Senior District Judge.

The parties' Joint Status Report ("JSR") filed October 27, 2014, reveals this case is not ready to be scheduled. Although this is a putative class action, Plaintiffs do not address in the JSR when they will seek class certification. Federal Rule of Civil Procedure 23(c)(1) prescribes "the court must determine by order whether to certify the action as a class action" at "an early practicable time."

Therefore, the Status (Pretrial Scheduling) Conference set for November 10, 2014, is continued to December 15, 2014, at 9:00 a.m. A further joint status report shall be filed no later than fourteen (14) days prior to the Status Conference, in which the parties shall propose a briefing schedule on Plaintiffs' proposed motion for class certification and address whether the action should otherwise be scheduled pending decision on that motion. In the event the parties opine the matter should be scheduled, they shall address in the further joint status report their proposals for such scheduling in accordance with Local Rule 240. Plaintiffs shall also address in the joint status report when they will seek leave to file the First Amended and Supplemental Complaint referenced in the JSR at 3:2-5:5.

IT IS SO ORDERED.

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