Yordy v. Plimus, Inc et al

Filing 113

ORDER re: 95 Plaintiff's Motion for Class Certification. Plaintiff to file supplemental brief by 10/01/13. Signed by Judge Thelton E. Henderson on 09/25/13. (tehlc1, COURT STAFF) (Filed on 9/25/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KIMBERLY YORDY,

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Plaintiff,

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ORDER RE: PLAINTIFF’S
MOTION FOR CLASS
CERTIFICATION

PLIMUS, INC.,

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For the Northern District of California

United States District Court

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v.

NO. C12-0229 TEH

Defendant.

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With good cause appearing, IT IS HEREBY ORDERED that on or before October 1,

14 2013, Plaintiff shall file a supplemental brief that identifies each Unlimited Download
15 Website (“UDW”) she claims was involved in Plimus’s alleged scheme, citations to any
16 evidence of the allegedly false statements that appeared on each site, and citations to any
17 evidence that Plimus worked on advertising or marketing for that site.
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IT IS FURTHER ORDERED that the parties shall come prepared to address the

19 following questions at the October 7, 2013 hearing, and to provide citations to the record in
20 their responses where appropriate:
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22 Questions for Plaintiff
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1.

If the advertising content underlying the complaint were created by a Plimus

24 affiliate marketer, or by each UDW itself, under what theories of liability can your claims
25 against Plimus proceed?
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2.

Why should the Court consider evidence that was not provided during

27 discovery and was only submitted with your reply papers?
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How did you obtain the screenshot exhibits attached to your moving and reply

2 papers, and how do you purport to authenticate them?
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4 Questions for Defendant
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4.

What is relationship between Plimus, the affiliate marketers, and the vendors,

6 and why shouldn’t Plimus be liable for the conduct of the affiliate marketers and vendors?
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5.

You contest only the authenticity of the screenshot exhibits Plaintiff submitted

8 on reply, and not those submitted with her motion papers. What makes the screenshots
9 submitted on reply any less reliable than those submitted with the moving papers?

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For the Northern District of California

United States District Court

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12 IT IS SO ORDERED.
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14 Dated: 09/25/13
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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