Dukes et al v. Wal-Mart Stores, Inc.

Filing 875

ORDER by Judge Charles R. Breyer denying 867 Motion for Extension of Time to File. (crblc2, COURT STAFF) (Filed on 3/18/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 ORDER DENYING MOTION FOR EXTENSION Plaintiffs, 13 14 No. C 01-2252 CRB DUKES, ET AL., v. WAL-MART STORES, INC., 15 Defendant. / 16 Plaintiffs ask that this Court grant them an additional six months to file their motion 17 18 for class certification. See dkt. 867. Wal-Mart opposes the request. See dkt. 874. 19 Extensions may be granted “for good cause,” Fed. R. Civ. P. 6(b)(1)(A), which the Court 20 finds absent here. The Court initially made the motion due January 11 2013, see dkt. 812 at 21 14, and then approved the parties’ stipulation extending the deadline an additional three 22 months to April 11, 2013, see dkt. 833. 23 Extensive discovery had already been completed while this case proceeded as a 24 nationwide class action, Seligman Decl., dkt. 761 ¶ 3, and the current discovery period 25 presented a limited opportunity to supplement that record–not to start from scratch. Plaintiffs 26 say discovery disputes have hampered their progress, but every party has to prioritize and 27 tailor its discovery efforts in light of court-imposed deadlines and the time it takes to resolve 28 // 1 formal disputes, which the Court has demonstrated its willingness to address promptly. E.g., 2 dkts. 872, 863, 837. Having already granted a three-month extension, the Court finds no 3 good cause for further extension. 4 IT IS SO ORDERED. 5 6 7 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE Dated: March 18, 2013 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2001\2252\order denying extension.wpd 2

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