Natl Assn of Optomet, et al v. Lockyer, et al Doc.

389

Case 2:02-cv-01464-LKK-DAD Document 389 Filed 07/18/2006 Page 1 of 2

8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10

11 NATIONAL ASSOCIATION OF
OPTOMETRISTS & OPTICIANS;
12 LENSCRAFTERS, INC; and EYE NO. CIV. S-02-1464 LKK/DAD
CARE CENTERS OF AMERICA, INC.,
13
Plaintiffs,
14
v.
15
BILL LOCKYER, in his official
16 capacity as Attorney General
of the State of California; and
17 CHARLENE ZETTEL, in her official O R D E R
capacity as Director of the
18 Department of Consumer Affairs,

19 Defendants.
/
20

21 A Status Conference was held in the above-captioned case on

22 June 26, 2006. Both parties informed the court that the recent

23 decision in People v. Cole (Pearle Vision), Case. No. S121724,

24 justifies lifting the previously ordered stay and proceeding to

25 the merits of plaintiff’s claims. Accordingly, the court ORDERS

26 as follows:

Dockets.Justia.com
 Case 2:02-cv-01464-LKK-DAD Document 389 Filed 07/18/2006 Page 2 of 2

1 1. The previously-ordered stay is hereby LIFTED.

2 2. Within thirty days of this order, both parties shall

3 submit to the court a brief which outlines the status of the

4 case. Specifically, the parties should address the following:

5 (a) which motions remain to be adjudicated, (the court requests

6 that counsel refer to specific docket numbers); (b) which

7 portions of the previously filed record are necessary to the

8 resolution of each of the motions, (counsel is requested to

9 refer to specific docket numbers and explain how each set of

10 exhibits is relevant to the specific motion); and (c) what

11 effect, if any, the Cole decision has on the pending motions.

12 3. The pending motions are hereby SET for oral argument

13 on the court’s regularly scheduled Law and Motion Calendar, on

14 September 25, 2006, beginning at 10:00 a.m. in Courtroom 4.

15 IT IS SO ORDERED

16 DATED: July 17, 2006.

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