Vallabhapurapu et al v. Burger King Corporation

Filing 72

ORDER REGARDING MOTIONS TO SEVER BY THIRD-PARTY DEFENDANTS Motion Hearing set for 10/27/2011 08:00 AM before Hon. William Alsup. Signed by Judge Alsup on August 11, 2011. (whalc2, COURT STAFF) (Filed on 8/11/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MOHAN VALLABHAPURAPU, et al.,

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For the Northern District of California

United States District Court

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Plaintiffs,

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No. C 11-00667 WHA

v.
ORDER REGARDING MOTIONS
TO SEVER BY THIRD-PARTY
DEFENDANTS

BURGER KING CORPORATION,

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Defendant.
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Severance of claims concerning the third-party defendants in this matter

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(franchisees/lessees and/or guarantors of the Burger King restaurants at issue) will not be

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considered until all third-party defendants have had the opportunity to participate in briefing and

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to be heard on the severance issue. Burger King has been dilatory in serving the third-party

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defendants when the third-party complaint was filed on May 31, 2011. There are still

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“approximately half” of 31 third-party defendants listed by Burger King who have yet to be

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served (Dkt. No. 70).

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To cure this problem, Burger King shall have until NOON ON AUGUST 31, 2011, to file

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proofs of service of the third-party complaint on all third-party defendants. Thereafter, no third-

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party defendants may be joined by anyone.

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All motions to sever by third-party defendants must be filed by SEPTEMBER 22, 2011.

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Oppositions to such motions will be due by October 6, and replies will be due by October 13. All

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third-party defendant motions to sever shall be heard on THURSDAY, OCTOBER 27, 2011, AT 8:00
A.M.

The pending motions to sever noticed for hearings on September 1 and September 8 (Dkt.

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Nos. 59 and 65) will be held in abeyance until and will be heard at the October 27 hearing.

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Regarding briefing as to the pending motions, Burger King may file its opposition to the motion

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filed by counsel from Jeffer Mangels Butler & Mitchell LLP (Dkt. No. 65) by October 6, and

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replies as to both pending motions may be filed by October 13. In other words, the briefing yet to

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be submitted on these motions can be submitted in conformity with the new above schedule.

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Burger King is ordered to serve this notice on all third-party defendants and to make them
aware of this schedule for the severance issue.

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IT IS SO ORDERED.
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For the Northern District of California

United States District Court

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Dated: August 11, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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