Castaneda v. Burger King Corporation et al

Filing 117

ORDER by Judge Larson granting 114 Motion for Reconsideration (jllc1, COURT STAFF) (Filed on 7/9/2009)

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

Miguel Castaneda, Plaintiff, v. Burger King Corporation, et al., Defendants. ________________________________/

No. C 08-4262 WHA (JL)

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

AMENDED ORDER Re Briefing Schedule (Dkt. # 106, 110) on Parties' Joint Statement at Docket # 103

The Court in entering its Briefing Order at Docket # 110, in response to Plaintiffs' ex parte application at Docket # 106, was under the mistaken impression that the parties had agreed on a briefing schedule. The Court had not yet received Defendants' opposition to Plaintiffs' proposed briefing schedule. The Court has now reviewed Defendants' opposition and the letters submitted by both sides. The Court finds Defendants' arguments to be welltaken. The issues in the parties' Joint Statement at Docket # 103, to which the briefing schedule applies, are too numerous and complex to permit briefing on less than the full schedule. In addition, even Plaintiffs' proposed hearing date would fall after their deadline for filing their class certification motion so their argument that the discovery requested is necessary for this motion is not supported by the facts. Accordingly, the hearing date on the Joint Statement at Docket # 103, Plaintiffs' Motion to Compel Survey and Remediation Information, and Defendant's Motion to Compel

C-08-4262 AMENDED BRIEFING ORDER

Page 1 of 2

1 2 3 4 5 6 7 8 9 10

Return of Inadvertently Produced Privilege Documents and for Protective Order, is hereby continued to August 19, 2009, at 9:30 a.m., to be briefed on the normal briefing schedule: The parties' respective opening briefs will be due on July 15, 2009 (35 days before the August 19, 2009 hearing date); The parties' respective opposition briefs will be due on July 29, 2009 (21 days before the August 19, 2009 hearing date); and The parties' respective reply briefs will be due on August 5, 2009 (14 days before the August 19, 2009 hearing date). IT IS SO ORDERED. DATED: July 8, 2009 __________________________________ JAMES LARSON U.S. Magistrate Judge

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

G:\JLALL\CHAMBERS\CASES\CIV-REF\08-4262\Amended Order brief 103.wpd

C-08-4262 AMENDED BRIEFING ORDER

Page 2 of 2