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