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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