Falkenberg et al v. Alere Home Monitoring, Inc.

Filing 42

ORDER CONTINUING THE HEARING ON ALERE HOME MONITORING, INC'S MOTION TO DISMISS AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT re 41 Status Report, filed by Alere Home Monitoring, Inc. Signed by Judge Jon S. Tigar on May 30, 2014. (wsnS, COURT STAFF) (Filed on 5/30/2014)

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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,

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Plaintiffs,

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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.,

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Defendant.

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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 September 11, 2014, at 2 pm;

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

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August 21, 2014, then the parties shall simultaneously file a supplemental brief, not

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

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(3) If the Sutter decision has not been issued by August 21, 2014, then the September 11,

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2014 hearing will be further continued based upon stipulation of the parties, and the
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Case No. 3:13-cv-00341-JST

[PROPOSED] ORDER CONTINUING HEARING DATE AND FURTHER CASE ACTION

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parties will submit a joint report to the Court by August 28, 2014 informing the Court

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of the status of the appellate proceedings;

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(4) All discovery and further actions in the case are stayed until September 11, 2014.

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Dated: May 30, 2014
By:
HONORABLE JON S. TIGAR,
UNITED STATES DISTRICT COURT JUDGE

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

[PROPOSED] ORDER CONTINUING HEARING DATE AND FURTHER CASE ACTION