Lou v. MA Laboratories, Inc et al

Filing 349

ORDER DENYING ADMINISTRATIVE MOTION TO STRIKE by Hon. William Alsup denying 346 Ex Parte Application.(whalc1, COURT STAFF) (Filed on 10/30/2013)

Download PDF
1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 11 For the Northern District of California United States District Court 10 MICHELLE LOU, et al., 12 Plaintiffs, 13 14 15 16 No. C 12-05409 WHA v. MA LABORATORIES, INC., et al., ORDER DENYING ADMINISTRATIVE MOTION TO STRIKE Defendants. / 17 Plaintiffs have filed an “administrative motion to strike” defendants’ recently-filed 18 motion to disqualify two of the putative class representatives. Plaintiffs complain that the 19 defendants have transplanted their arguments regarding the Rule 23(a)(4) adequacy of the 20 putative class plaintiffs from their class certification opposition into a stand-alone motion, 21 effectively violating the page limit restrictions for their opposition (Dkt. No. 295). 22 A motion to strike on the ground that pleading is procedurally improper is not an 23 administrative issue. On that basis, plaintiff’s administrative motion is DENIED. This ruling is 24 without prejudice to plaintiffs raising the alleged procedural impropriety of the motion in their 25 opposition. This order reminds the parties, however, that a prior order made clear that plaintiffs 26 were permitted one class certification motion subject to normal page limits (Dkt. No. 258). 27 Plaintiffs nevertheless filed a class certification motion and a separate motion for “equitable 28 tolling” primarily concerning the applicable time frames for their proposed classes (Dkt. No. 1 284). If the parties wish to assail the procedural impropriety of their motions, both sides’ actions 2 will be considered. What’s good for the goose is good for the gander. 3 4 IT IS SO ORDERED. 5 6 Dated: October 29, 2013. 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

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?