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)

**E-filed 9/12/11**

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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UELIAN DE ABADIA-PEIXOTO, et al.,
Plaintiffs,
v.

No. C 11-4001 RS
ORDER RE SCHEDULING

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U.S. DEPARTMENT OF HOMELAND
SECURITY, et al.,
Defendants.
____________________________________/

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Prior to the reassignment of this matter, defendants filed a motion seeking to continue

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plaintiff’s motion for class certification, and their obligation to file an opposition thereto, until after

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they have answered, or until any motion to dismiss has been decided, whichever later occurs. Upon

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reassignment, the hearing date on the motion for class certification was vacated, and plaintiffs are

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obligated to re-notice the motion, but the briefing schedule arguably remains unchanged, by virtue

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of Civil Local Rule 7. Plaintiffs have adequately shown that the particular circumstances of this

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case warrant hearing the class certification motion as early as practicable, whether or not a motion to

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dismiss is pending. Accordingly, the parties are hereby ordered to engage in further meet and confer

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negotiations to attempt to agree on a briefing schedule for both the motion for class certification and

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for any motion to dismiss, with a joint hearing to be held no later than November 17, 2011. If the

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parties are unable to reach agreement, plaintiffs may renotice their class certification motion for any

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available Thursday in November of 2011, and the briefing schedule will be calculated from the date

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of the re-notice.

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Dated: 9/12/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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