De Abadia-Peixoto et al v. United States Department of Homeland Security et al

Filing 29

ORDER RE SCHEDULING. Signed by Judge Richard Seeborg on 9/12/11. (cl, COURT STAFF) (Filed on 9/12/2011)

Download PDF
**E-filed 9/12/11** 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 11 For the Northern District of California United States District Court 10 12 13 UELIAN DE ABADIA-PEIXOTO, et al., Plaintiffs, v. No. C 11-4001 RS ORDER RE SCHEDULING 14 15 16 17 U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Defendants. ____________________________________/ 18 19 Prior to the reassignment of this matter, defendants filed a motion seeking to continue 20 plaintiff’s motion for class certification, and their obligation to file an opposition thereto, until after 21 they have answered, or until any motion to dismiss has been decided, whichever later occurs. Upon 22 reassignment, the hearing date on the motion for class certification was vacated, and plaintiffs are 23 obligated to re-notice the motion, but the briefing schedule arguably remains unchanged, by virtue 24 of Civil Local Rule 7. Plaintiffs have adequately shown that the particular circumstances of this 25 case warrant hearing the class certification motion as early as practicable, whether or not a motion to 26 dismiss is pending. Accordingly, the parties are hereby ordered to engage in further meet and confer 27 negotiations to attempt to agree on a briefing schedule for both the motion for class certification and 28 for any motion to dismiss, with a joint hearing to be held no later than November 17, 2011. If the 1 parties are unable to reach agreement, plaintiffs may renotice their class certification motion for any 2 available Thursday in November of 2011, and the briefing schedule will be calculated from the date 3 of the re-notice. 4 5 6 7 Dated: 9/12/11 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?