Falkenberg et al v. Alere Home Monitoring, Inc.

Filing 37

ORDER FURTHER CONTINUING THE HEARING ON ALERE HOME MONITORING, INC.'S MOTION TO DISMISS AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT, as to 16 MOTION to Strike, 18 MOTION to Dismiss. Motion Hearings set for 2/6/2014 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on September 26, 2013. (wsn, COURT STAFF) (Filed on 9/26/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN FALKENBERG and STEVEN
INGARGIOLA, on behalf of themselves and
all others similarly situated,

[PROPOSED] ORDER FURTHER
CONTINUING THE HEARING ON
ALERE HOME MONITORING, INC.’S
MOTION TO DISMISS AND MOTION
TO STRIKE PORTIONS OF
PLAINTIFFS’ COMPLAINT

Plaintiffs

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v.
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CASE NO.: 3:13-cv-00341 JST

ALERE HOME MONITORING, INC.,
Defendant.

Based upon the California Courts of Appeal’s pending decisions in Regents of University

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of California v. Superior Court, No. B249148 and Sutter Health v. Superior Court, No.

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C072591, this Court previously continued the hearing on defendant Alere Home Monitoring,

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Inc.’s Motion to Dismiss [Docket No. 18] and Motion to Strike portions of Plaintiffs’ Complaint

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[Docket No. 16] from June 27, 2013 to October 3, 2013. Because panel decisions have not yet

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been issued in either Court of Appeal case,

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IT IS HEREBY ORDERED:

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(1) The hearing on Alere Home Monitoring, Inc.’s Motion to Dismiss [Docket No. 18]

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and Motion to Strike portions of Plaintiffs’ Complaint [Docket No. 16] is continued

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to February 6, 2014, at 2:00 pm;

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(2) If panel decisions in both Court of Appeal cases are issued before January 23, 2014,
then the parties shall simultaneously file a supplemental brief, not exceeding seven
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[PROPOSED] ORDER CONTINUING HEARING DATE AND FURTHER CASE ACTION

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(7) pages within seven (7) days of the second appellate court’s decision in either

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Regents of University of California v. Superior Court, No. B249148 or Sutter Health

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v. Superior Court, No. C072591;

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(3) If both decisions have not been issued by January 23, 2014, then the February 6, 2014

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hearing will be further continued based upon stipulation of the parties, and the parties

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will submit a joint report to the Court by January 30, 2014, informing the Court of the

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status of the appellate proceedings;

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(4) All discovery and further actions in the case are stayed until February 6, 2014.

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Dated: September 26, 2013

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R NIA
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J u d ge J o

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VED
APPRO

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HONORABLE JON S. TIGAR
UNITED STATES DISTRICT COURT JUDGE

UNIT
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By:

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[PROPOSED] ORDER CONTINUING HEARING DATE AND FURTHER CASE ACTION