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Randolph v. Trustees of California State University — Failure to Object to a Trial Date Past the Five-Year Deadline Is Not an Oral Stipulation to Extend

Third District affirms mandatory dismissal under Code of Civil Procedure section 583.310, holding that a defendant’s failure to object when a trial date is set beyond the five-year (plus emergency-rule six-month) deadline does not amount to an oral stipulation to extend the deadline.

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Cox v. WSP USA Group Insurance Plan — N.D. Cal. lets transgender plan member’s ERISA challenge to facial gender-affirming surgery exclusion proceed

Judge Gilliam grants in part and denies in part WSP USA Group Insurance Plan’s motion to dismiss transgender plan member Andi Cox’s ERISA challenge to denial of facial gender-affirming surgery, holding her central claims survive while granting WSP’s motions to seal and to incorporate exhibits.

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Sample v. Cemex Construction Materials — N.D. Cal. lets disabled African American driver’s harassment claims proceed against employer, dismisses individual defendants and termination claims

Judge Orrick grants summary judgment to individual Cemex defendants and partially to Cemex on after-acquired-evidence grounds related to undisclosed mental health issues on Mr. Sample’s DOT certification, while letting the harassment and hostile-work-environment claims against Cemex proceed.

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