Outlaw Laboratory, LP v. DG in PB, LLC
- Proceeding
- district
- Area
- civil
- Panel
- Gonzalo P. Curiel (author)
Analysis
The court reviewed a proposed settlement between the Stores and Outlaw Defendants to determine if notice was required under Diaz v. Tr. Territory of Pac. Islands. The court ordered a telephonic hearing to be held on March 12, 2021, to address this matter.
| What the court decided | The model |
|---|---|
Scheduling of a telephonic hearing regarding the settlement notice requirement“The Court now schedules a hearing on this matter for March 12, 2021 at 1:30 PM.” | agree with court The court exercised its inherent authority to manage the docket and schedule a hearing to resolve a procedural question regarding settlement notice. This is a standard case management function. |
The order itself: sound — The order is a procedural scheduling order that does not resolve the merits of the settlement notice issue. It correctly identifies the relevant legal standard (Diaz) and sets a hearing to allow the parties to present arguments. It is a standard case management action.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 IN RE OUTLAW LABORATORIES, LP Case No.: 18-cv-840-GPC-BGS LITIGATION 12 SCHEDULING ORDER 13 [ECF No. 290] 14 15 16 17 Pending before this Court is a Settlement between the “Stores” (consisting of 18 Counterclaimant Roma Mikha, Inc., and Third-Party Plaintiffs NMRM, Inc. and Skyline 19 Market, Inc.) and “Outlaw Defendants” (consisting of Outlaw Laboratory, LP, Michael 20 Wear, and Shawn Lynch). On September 15, 2020, the Court issued an Order which 21 directed the Stores to produce a copy of the Settlement so that the Court may assess 22 whether notice of the Settlement would be required under Diaz v. Tr. Territory of Pac. 23 Islands, 876 F.2d 1401 (9th Cir. 1989). ECF No. 290. 24 After production of the Settlement, the litigating parties also presented 25 supplemental briefs pursuant to the same Order. Upon review of the briefs, the Court 26 now schedules a hearing on this matter for March 12, 2021 at 1:30 PM. The hearing will 27 1 || be conducted telephonically, with the relevant information to be provided in a separate 2 || order. 3 IT IS SO ORDERED. 4 5 || Dated: March 5, 2021 Carseto C4 6 Hon. Gonzalo P. Curiel 7 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18-cv-840-GPC-BGS