Munoz, et al. vs. PHH Mortgage Corp., et al.
Filing
408
ORDER REQUIRING SUPPLEMENTAL BRIEFING, signed by District Judge Dale A. Drozd on 8/29/2019. (Apodaca, P)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
12
EFRAIN MUNOZ, et al., individually and
on behalf of all others similarly situated,
Plaintiffs,
13
ORDER REQUIRING SUPPLEMENTAL
BRIEFING
v.
14
15
No. 1:08-cv-00759-DAD-BAM
PHH Corporation, et al.,
Defendants.
16
17
In connection with the various motions still under submission for decision before the
18
19
undersigned and in order to assist the court in issuing its order resolving those motions, the parties
20
are directed to provide supplemental briefing addressing the following questions:
1.
21
Whether either party is relying upon the deposition of Timothy J. Riddiough, dated
22
August 11, 2016 (Doc. No. 350-2 at 64–110), the “Expert Report of Timothy J.
23
Riddiough, Ph.D.,” dated June 24, 2016 (id. at 112–151), and/or the “Rebuttal
24
Expert Report of Timothy J. Riddiough, Ph.D.,” dated July 22, 2016 (id. at 153–
25
184) in support of or in opposition to either parties’ motion for summary judgment
26
(Doc. Nos. 340, 342) such that the court may properly consider that evidence in
27
resolving the pending cross-motions for summary judgment; and
28
/////
1
1
2.
Whether, in resolving those same motions, the court should give any weight to the
2
evidence submitted in the form of reports prepared by Milliman, Inc. (Doc. No.
3
342-4 at 13–123) in light of defendant’s stated position that the analysis contained
4
in those reports “is no longer necessary” to resolving the relevant cause of action.
5
(Doc. No. 342-1 at 10.)
6
Defendant shall file a brief responding to these questions within fourteen days from the
7
date of service of this order, after which plaintiff shall have seven days to file a brief in response.
8
Each parties’ supplemental briefing is limited to no more than ten pages in length.
9
IT IS SO ORDERED.
10
11
Dated:
August 29, 2019
UNITED STATES DISTRICT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?