Falkenberg et al v. Alere Home Monitoring, Inc.

Filing 39

ORDER CONTINUING THE HEARING ON ALERE HOME MONITORING, INC'S MOTION TO DISMISS AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT re 38 Status Report filed by Alere Home Monitoring, Inc. Signed by Judge Jon S. Tigar on January 31, 2014. (wsn, COURT STAFF) (Filed on 1/31/2014)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12

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

13
14
15
16

Plaintiffs,
v.

Case No. 3:13-cv-00341-JST
[PROPOSED] ORDER CONTINUING
THE HEARING ON ALERE HOME
MONITORING, INC’S MOTION TO
DISMISS AND MOTION TO STRIKE
PORTIONS OF PLAINTIFFS’
COMPLAINT

ALERE HOME MONITORING, INC.,
Defendant.

17
18
19

IT IS HEREBY ORDERED:

20

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

21

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

22

to June 5, 2014, at 2 pm;

23

(2) If the panel decision in Sutter Health v. Superior Court, No. C072591 issues before

24

May 15, 2014, then the parties shall simultaneously file a supplemental brief, not

25

exceeding seven (7) pages within ten (10) days of the decision;

26
27

(3) If the Sutter decision has not been issued by May 22, 2014, then the June 5, 2014
hearing will be further continued based upon stipulation of the parties, and the parties

28
-1-

Case No. 3:13-cv-00341-JST

[PROPOSED] ORDER CONTINUING HEARING DATE AND FURTHER CASE ACTION

1

will submit a joint report to the Court by May 29, 2014 informing the Court of the

2

status of the appellate proceedings;

3
4
5
6

(4) All discovery and further actions in the case are stayed until June 5, 2014.
Dated: January 31, 2014
By:
HONORABLE JON S. TIGAR,
UNITED STATES DISTRICT COURT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

Case No. 3:13-cv-00341-JST

[PROPOSED] ORDER CONTINUING HEARING DATE AND FURTHER CASE ACTION