Brattain v. Safeway, Inc.

Filing 23

ORDER Re Notice of Supplemental Authority 21 . Signed by Judge Edward M. Chen on 3/8/2013. (emcsec, COURT STAFF) (Filed on 3/8/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PHILLIP BRATTAIN, as an individual, and
on behalf of all others similarly situated,

No. C-12-5171 EMC

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Plaintiff,
v.

ORDER RE NOTICE OF
SUPPLEMENTAL AUTHORITY

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For the Northern District of California

United States District Court

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SAFEWAY, INC.,
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Defendant.
___________________________________/

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On February 28, 2013, Plaintiff filed a notice of supplemental authority calling this Court’s

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attention to a recent Supreme Court case that Plaintiff contends “mandates that in class action cases,

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issues related to class certification should be decided prior to issues related to the merits of the

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case.” Docket No. 21. This Court has reviewed the case, and finds Plaintiff’s statement to be

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inaccurate. The case, Amgen Inc. v. Connecticut Ret. Plans & Trust Funds, held that in a class

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action under § 10(b) of the Securities Exchange Act, the plaintiff need not prove the materiality of

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public misstatements about the value of stock as a prerequisite to class certification. __U.S. ___,

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133 S. Ct. 1184 (U.S. 2013). The Court’s holding that materiality need not be addressed prior to

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class certification, does not, as Plaintiff suggests, mandate that a court must address class

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certification prior to considering the merits of the case in all circumstances. Nothing in Amgen

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indicates that it was improper for this Court, in the exercise of its discretion over matters of case

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management, to allow a motion for summary judgement on certain issues going to the merits of

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Plaintiff’s claims prior to considering a motion for class certification. Accordingly, this Court

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DENIES Plaintiff’s request to amend the scheduling order set at the February 28, 2013 case

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management conference.

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IT IS SO ORDERED.

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Dated: March 8, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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