Lisa Mollicone v. Universal Handicraft, Inc. et al

Filing 39

MINUTES (IN CHAMBERS) - PLAINTIFF LISA MOLLICONE'S EX PARTE APPLICATION TO CONTINUE THE LOCAL RULE 23-3 DEADLINE FOR THE FILING OF A MOTION FOR CLASS CERTIFICATION by Judge Christina A. Snyder: On 1/11/2017, Plaintiff filed an Ex Parte Applicati on to continue the deadline to file a motion for class certification 34 . It appears that defendants do not oppose a continuance of the deadline to 3/20/2017. Therefore, the Court continues the deadline for filing a motion for class certification to 3/20/2017, without prejudice to plaintiff's seeking a further continuance upon a showing of good cause. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’
2:16-cv-07322-CAS(MRWx)
Date January 25, 2017
LISA MOLLICONE v. UNIVERSAL HANDICRAFT, INC. ET AL.

Present: The Honorable 
Catherine Jeang 
Deputy Clerk 

CHRISTINA A. SNYDER 

N/A 

Tape No.

Attorneys Present for Defendants: 

Not Present 
Court Reporter / Recorder

Attorneys Present for Plaintiffs: 

Not Present 
Not Present 
(IN CHAMBERS) - PLAINTIFF LISA MOLLICONE’S EX
Proceedings:  
PARTE APPLICATION TO CONTINUE THE LOCAL RULE 23-3
DEADLINE FOR THE FILING OF A MOTION FOR CLASS
CERTIFICATION (Dkt. 34, filed January 11, 2017)

On September 29, 2016, plaintiff Lisa Mollicone filed a class action complaint
against Defendants Shay Sabag Segev and Universal Handicraft, Inc. (“UHI”), doing
business as Deep Sea Cosmetics and Adore Organic Innovations. Dkt. 1 (“Complaint”).
On December 19, 2016, plaintiff filed a first amended complaint. Dkt. 25 (“FAC”).
On January 11, 2017, plaintiff filed an ex parte application to continue the deadline
to file a motion for class certification, which she asserts was set for January 13, 2017 –
ninety days after plaintiff served UHI with the Complaint. Dkt. 34; see C.D. Cal. L.R.
23-3. On January 12, defendants filed an opposition to plaintiff’s ex parte application,
arguing, inter alia, that the proper deadline for a motion for class certification is March
20, 2017 – ninety days after plaintiff filed her FAC. Dkt. 36.
Local Rule 23-3 provides:
Within 90 days after service of a pleading purporting to commence a class
action other than an action subject to the Private Securities Litigation
Reform Act of 1995, P.L. 104-67, 15 U.S.C. § 77z-1 et seq., the proponent
of the class shall file a motion for certification that the action is maintainable
as a class action, unless otherwise ordered by the Court.
C.D. Cal. L.R. 23-3 (emphasis added). Therefore, plaintiff is correct that her deadline to
file a motion for class certification was January 13, 2017. However, under Federal Rule
of Civil Procedure 6(b)(1)(A), “the court may, for good cause, extend the time [within
which a motion must be filed] . . . if the request is made before the original time or its

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’
2:16-cv-07322-CAS(MRWx)
Date January 25, 2017
LISA MOLLICONE v. UNIVERSAL HANDICRAFT, INC. ET AL.

extension expires.” The Ninth Circuit has recently “note[d] that the schedule
contemplated by Central District of California Local Rule 23-3, when considered
alongside federal rules regarding status conferences and the timing of discovery, is quite
unrealistic in light of recent case law regarding the need to establish a sufficient factual
record at the class certification stage.” Balser v. Hain Celestial Grp., Inc., 640 F. App’x
694, 696 (9th Cir. 2016). Furthermore, it appears that defendants do not oppose a
continuance of the deadline to March 20, 2017. Therefore, the Court continues the
deadline for filing a motion for class certification to March 20, 2017, without prejudice to
plaintiff’s seeking a further continuance upon a showing of good cause.
IT IS SO ORDERED.
00 
Initials of Preparer

CV-7322 (01/17)

CIVIL MINUTES - GENERAL

: 

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CMJ 

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