McConnell v. Red Robin International, Inc.

Filing 52

ORDER REGARDING BRIEFING ON MOTIONS TO DISQUALIFY AND RESCHEDULING HEARING re 51 Supplemental MOTION Supplemental Motion to Disqualify Plaintiff Kevin McConnell as Class Representative and for Monetary Sanctions Against Plaintiff McConnell and M ichael Hoffman in the Amount of $15,985.00 filed by Red Robin International, Inc., 41 MOTION Disqualify Plaintiff Kevin McConnell as Class Representative filed by Red Robin International, Inc. Motion Hearing set for 5/10/2012 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on April 5, 2012. (whalc2, COURT STAFF) (Filed on 4/5/2012)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

11
For the Northern District of California

United States District Court

10

KEVIN MCCONNELL, on behalf of
himself and all others similarly situated,
and in the general public,

12

Plaintiff,

13
14

No. C 11-03026 WHA

ORDER REGARDING BRIEFING
ON MOTIONS TO DISQUALIFY
AND RESCHEDULING HEARING

v.

15

RED ROBIN INTERNATIONAL, INC, a
Colorado Corporation,

16

Defendant.
/

17
18

Defendant was ordered to file a motion to determine the adequacy of plaintiff Kevin

19

McConnell as a class representative by March 15, or turn over the discovery that was the subject

20

of plaintiff’s discovery dispute letter filed February 16, 2012. On March 15, defendant filed a

21

motion to disqualify plaintiff as class representative and set it for hearing on April 19. Plaintiff

22

filed his opposition on March 29. On April 2, defendant filed a supplemental motion to

23

disqualify plaintiff as class representative and for monetary sanctions against plaintiff and

24

Michael Hoffman, plaintiff’s counsel, in the amount of $15,985. The supplemental motion is set

25

for hearing on May 10, 2012.

26

The supplemental motion puts forward new facts uncovered by defendant that go to the

27

adequacy of plaintiff to serve as a class representative. The motion also raises new issues going

28

to the adequacy of plaintiff’s counsel to serve as class counsel. Both motions will be resolved at

1

the same hearing. Thus, the hearing on the first-filed motion to disqualify will be continued to

2

MAY 10, 2012 AT 8:00 A.M.

3
4

IT IS SO ORDERED.

5
6

Dated: April 5, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2