Parry v. National Seating & Mobility Inc

Filing 86

ORDER GRANTING 84 Administrative Motion for Leave to File a Sur-Reply and CONTINUING Hearings on Motion to Certify Class and Motion for Leave to File Amended Counterclaim. Motion Hearing set for 3/30/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on February 28, 2012. (jswlc3, COURT STAFF) (Filed on 2/28/2012)

Case3:10-cv-02782-JSW Document84-1 Filed02/24/12 Page1 of 2

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RONALD S. BUSHNER (SBN 98352)
[e-mail]
MEGAN M. LEWIS (SBN 246052)
[e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, CA 94105-2725
Telephone: [phone]
Facsimile: 415.434.1370
Attorneys for Counter-Claim Defendant
NATIONAL SEATING & MOBILITY, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
NATIONAL SEATING & MOBILITY, INC.,

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Plaintiff,

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vs.
MICHAEL PARRY and DOES 1 through 20;
inclusive,
Defendants.

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Case No.: 3:10-cv-02782-JSW
[PROPOSED] ORDER GRANTING NSM’S
ADMINISTRATIVE MOTION FOR LEAVE
TO FILE A SUR-REPLY IN RESPONSE TO
PARRY'S REPLY BRIEF IN SUPPORT OF
RENEWED MOTION FOR CLASS
CERTIFICATION AND CONTINUING
HEARINGS
Courtroom: 11, 19th Floor
Judge: The Hon. Jeffrey S. White
Action Filed: March 3, 2010

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MICHAEL PARRY, individually and on behalf
of all others similarly situated,

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Counter-Claimant,
vs.
NATIONAL SEATING & MOBILITY, INC.,

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Counter-Claim Defendant.

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The administrative motion of Counter-Claim Defendant National Seating & Mobility, Inc.
(hereinafter “NSM”) for an Order granting NSM leave to file a sur-reply in response to CounterClaimant Michael Parry’s reply brief in support of his Renewed Motion for Class Certification came
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Case No.: 3:10-cv-02782-JSW

[PROPOSED] ORDER GRANTING NSM’S ADMINISTRATIVE MOTION FOR LEAVE TO FILE A SUR-REPLY
IN RESPONSE TO PARRY’S REPLY BRIEF IN SUPPORT OF RENEWED MOTION FOR CLASS
CERTIFICATION
838782.1

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Case3:10-cv-02782-JSW Document84-1 Filed02/24/12 Page2 of 2
Parry opposes the request on procedural grounds. The Court refers Parry to its Civil
Standing Order ¶ 3, which states that requests to continue are to be made by
on before this Court.administrative motions. Although NSM should have explained why a stipulation could
not be obtained, the Court shall not deny the motion on that basis.
Having considered the materials filed in support of this Motion, the Court hereby grants

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NSM leave to file a sur-reply of no more than 15 pages on or before March 9, 2012. The Court also

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hereby continues the hearing date on Parry's Renewed Motion for Class Certification to March 23,
and the hearing date on Parry's Motion for Leave to File an Amended Counterclaim to
2012 at 9:00 a.m.March 30, 2012 at 9:00 a.m. This Order does not alter the briefing schedule on the
latter motion. If the Court finds either motion suitable for disposition without oral
argument, it shall notify the parties in advance of the hearing date.
IT IS SO ORDERED.

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February 28, 2012
Dated: ______________________

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By: ______________________________________
HON. JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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Case No.: 3:10-cv-02782-JSW

[PROPOSED] ORDER GRANTING NSM’S ADMINISTRATIVE MOTION FOR LEAVE TO FILE A SUR-REPLY
IN RESPONSE TO PARRY’S REPLY BRIEF IN SUPPORT OF RENEWED MOTION FOR CLASS
CERTIFICATION
838782.1