Adoma v. The University of Phoenix, Inc. et al

Filing 56

ORDER signed by Senior Judge Lawrence K. Karlton on 07/16/10 DENYING 54 Ex Parte Application to continue hearing; the court EXTENDS the time which defendants may oppose until 07/28/10. Plaintiffs reply due 08/02/10. (Williams, D)

Adoma v. The University of Phoenix, Inc. et al

Doc. 56

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 Plaintiff, 12 v. 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 Plaintiffs have / timely noticed a motion for class THE UNIVERSITY OF PHOENIX, INC., et al., O R D E R DIANE ADOMA, NO. CIV. S-10-0059 LKK/GGH

certification under Fed. R. Civ. P. 23 for hearing on August 9, 2010--the same day on which the court will hear plaintiffs' motion for collective certification under the Fair Labor Standards Act. Defendants have filed an ex parte application to continue the hearing on the motion for class certification and thereby continue the deadline by which defendants must respond. (Dtk. No. 54). For the reasons stated in plaintiffs' opposition (Dkt. No. 55) the court DENIES the application. Plaintiffs suggest that they would be willing to waive their 1
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right to file a reply, and thereby provide defendants with an additional week in which to oppose without postponing the hearing date. While this arrangement may work for the parties, it would

not provide the court with sufficient time to review the papers in advance of the hearing. The court nonetheless EXTENDS the time in

which defendants may oppose by two days: defendants' opposition may be filed no later than 5 p.m. on Wednesday, July 28, 2010. Plaintiffs may still file a reply no later than August 2, 2010. IT IS SO ORDERED. DATED: July 16, 2010.

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