Victoria Cabrera v. Healthcare Services Group, Inc. et al

Filing 22

ORDER DENYING JOINT STIPULATION TO CONTINUE CLASS CERTIFICATION DEADLINE 21 by Judge Otis D. Wright, II . (lc). Modified on 9/20/2013 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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VICTORIA CABRERA,
v.

Plaintiff,

HEALTHCARE SERVICES GROUP,
INC. and DOES 1–100, inclusive,

Case No. 2:13-cv-04695-ODW(Ex)
ORDER DENYING JOINT
STIPULATION TO CONTINUE
CLASS CERTIFICATION
DEADLINE [21]

Defendants.

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The Court has received the parties’ joint request to continue the class

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certification filing deadline for 30 days. (ECF No. 21.) After considering the parties’

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assertions, the Court finds no good reason to continue the deadline to file the motion

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for class certification in this in this case.

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Under Local Rule 23-3, the proponent of a class must file a motion for

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certification that the action is maintainable as a class action within 90 days after

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service of the complaint. Or in cases where the complaint was filed in state court and

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the case later removed to federal court, the certification motion is due within 90 days

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of removal.

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Cabrera filed her class action complaint in Los Angeles Superior Court six

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months ago, which was served on March 28, 2013. (ECF No. 1.) Defendants first

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removed the matter to this Court on April 29, 2013. (Id.) The Court remanded the

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action because of insufficient citizenship allegations, and Defendants removed this

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action for a second time on June 27, 2013. (Id.) Thus, the September 26, 2013

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deadline gives Cabrera the benefit of the 90 days provided by Local Rule 23-3 and her

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time spent in state court. Failure to use that time to diligently conduct discovery to

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date does not constitute good cause to continue the deadline. The Court therefore

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DENIES the request.

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IT IS SO ORDERED.

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September 20, 2013

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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