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

Filing 993

ORDER TO SHOW CAUSE. Signed by Judge Charles R. Breyer on 9/23/2013. (crblc2, COURT STAFF) (Filed on 9/23/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. CV 01-02252 CRB

DUKES, ET AL.,

ORDER TO SHOW CAUSE

Plaintiffs,
v.
WAL-MART STORES, INC.,
Defendant.

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United States District Court
For the Northern District of California

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Now pending before the Court are two motions for summary judgment filed by

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Defendant Wal-Mart Stores, Inc. as to Plaintiff Christine Kwapnoski (dkt. 921) and as to

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Plaintiff Deborah Gunter (dkt. 922). These motions are “only on the portion of [plaintiffs’]

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claims that overlap with plaintiffs’ proposed classes,” and “therefore serve as the basis for

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plaintiffs’ assertion that [plaintiffs’] claims are ‘typical of the claims of the classes.’” After

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briefing on these two motions for summary judgment was completed in June 2013, this Court

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issued an order denying Plaintiffs’ motion for class certification. See Dkt. 991.

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The Court finds that, in light of the denial of Plaintiffs’ motion for class certification,

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it is in the interests of justice to DENY the pending motions for summary judgment without

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prejudice. The parties are hereby ORDERED to show cause why the motions should or

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should not be denied. The parties shall have 14 days from the issuance of this Order to file a

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response with the Court.

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IT IS SO ORDERED.

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Dated: September 23, 2013
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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE