DOE vs ALBERTSONS COMPANIES, INC., et al.

25CV119492: DOE vs ALBERTSONS COMPANIES, INC., et al. 08/06/2026 Initial Case Management Conference in Department 520

Tentative Ruling - 08/05/2026 Jamilah A. Jefferson

The Court makes the following order after review of the case without a hearing:

The Court entered a stay of the litigation on January 23, 2026 and ordered Plaintiff's counsel to inform the Court and parties of the "status of Plaintiff's condition in the subsequent CMC statement in advance of the continued CMC . . . . " Counsel did not inform the Court of the status of Plaintiff's condition in advance of the continued CMC.

The Court is also now aware from a notice filed in the case on July 28, 2026 that Plaintiff's counsel (Donald Charles Schwartz) is "suspended from the practice of law in the State of California for a period two years, commencing May 14, 2026 . . . . " A substitution of attorney was filed on August 3, 2026. It appears that Plaintiff now has counsel who can practice in the State of California. Nonetheless, the Court remained unaware of the status of Plaintiff's condition in advance of the continued CMC.

During the CMC hearing, new counsel for Plaintiff specially appeared, as well as Mr. Schwartz (in the capacity of paralegal for Plaintiff's new counsel). Counsel through Mr. Schwartz (who was clear that he was not practicing law or appearing) represented to the Court that Plaintiff is no longer incarcerated and is prepared to proceed forward with the litigation.

However, the Court's tentative ruling did not contemplate appearances from the parties- and, Defendant did not appear. Given that Defendant did not appear (but appears to acknowledge service of summons and complaint - or at least an awareness of the pleading) and to avoid any confusion or prejudice to Defendant, the Court will set a date by which the responsive pleading must be filed.

Defendant shall file a responsive pleading no later than September 17, 2026.

Given that Defendant has not yet appeared in the case and this order is modified from the previous tentative ruling, Plaintiff shall also serve notice of entry of this order both by U.S. mail and email to the address for Defendant - see filing on February 26, 2026.

The Initial Case Management Conference scheduled for 08/06/2026 is continued to 10/06/2026 at 11:00 AM in Department 520 at Hayward Hall of Justice.

Clerk is directed to serve copies of this order, with proof of service, to counsel and to self- 25CV119492: DOE vs ALBERTSONS COMPANIES, INC., et al. 08/06/2026 Initial Case Management Conference in Department 520 represented parties of record. The Court orders counsel to obtain a copy of this order from the eCourt portal.