Davis v. Electronic Arts, Inc.
Filing
169
ORDER VACATING BRIEFING SCHEDULE AND HEARING DATE, AND DIRECTING ADDITIONAL MEET AND CONFER. Signed by Judge Richard Seeborg on 3/16/16. (cl, COURT STAFF) (Filed on 3/17/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL E. DAVIS, et al.,
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Case No. 10-cv-03328-RS
Plaintiffs,
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United States District Court
Northern District of California
v.
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ELECTRONIC ARTS INC.,
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Defendant.
ORDER VACATING BRIEFING
SCHEDULE AND HEARING DATE,
AND DIRECTING ADDITIONAL MEET
AND CONFER
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Plaintiffs seek a 90-day extension of the briefing schedule and hearing date for their class
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certification motion.1 In the meet and confer process, defendant expressed a willingness to
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stipulate to such an extension, provided, (1) the parties reached agreement on a briefing schedule
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that did not compress defendant’s response time, (2) plaintiffs did not represent to the court that
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extension was made necessary by any act or omission on defendant’s part, and, (3) in the event the
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Supreme Court grants the pending petition for a writ of certiorari , the parties would jointly seek a
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stay of all trial court proceedings, including discovery.
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Any rejection by plaintiff of the first condition would have been unreasonable. Given that
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a stipulation would not have required argument as to why an extension was necessary, rejection of
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the second condition likewise was unreasonable. Even assuming plaintiffs reasonably could have
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objected to the third proposed condition, this remains a simple scheduling matter that the parties
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Although plaintiffs invoke Civil Rule 7-11, such requests are governed by Civil Local Rule 6-3.
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could and should have resolved between themselves, without court intervention. Counsel are
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directed to redouble their efforts in all future meet and confer negotiations to ensure that this
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matter is litigated in a professional manner that preserves court resources and minimizes the costs
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to the parties.
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The present briefing schedule and hearing date are vacated. The parties shall meet and
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confer and jointly submit a proposed new briefing schedule and hearing date that extends the time
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by approximately 90 days, taking into account all reasonable scheduling concerns, and preserving
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the length of defendant’s period for filing opposition. In the event the Supreme Court grants the
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pending petition, the parties shall then meet and confer to attempt to reach agreement on whether a
stay is warranted at that time. In the event the parties cannot agree on the propriety of a stay,
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United States District Court
Northern District of California
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defendant may bring a motion at that juncture. While such a motion would not ordinarily
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constitute a “miscellaneous administrative matter,” it shall be filed and opposed under the page
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length and timing requirements of Civil Local Rule 7-11. No reply brief shall be filed and no
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hearing shall be set or held.
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IT IS SO ORDERED.
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Dated: March 16, 2016
______________________________________
RICHARD SEEBORG
United States District Judge
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CASE NO.
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10-cv-03328-RS
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