Adkins et al v. Apple Inc et al

Filing 194

ORDER GRANTING DEFENDANTS' 188 MOTION FOR EXTENSION OF TIME to file opposition to 181 MOTION to Certify Class. Response due by 9/9/2015. Reply due by 9/30/2015. Motion Hearing set for 10/14/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 07/16/2015. (jmdS, COURT STAFF) (Filed on 7/16/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FABRIENNE ENGLISH,

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Plaintiff,
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v.
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APPLE INC, et al.,

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Case No. 14-cv-01619-WHO
ORDER GRANTING DEFENDANTS’
MOTION FOR EXTENSION OF TIME
Re: Dkt. No. 188

Defendants.

United States District Court
Northern District of California

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Defendants seek an extension of time to file their opposition to plaintiff’s motion for class

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certification. Dkt. Nos. 188, 193. They state that an extension is warranted for two reasons:

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(1) on July 9, 2015, more than a week after the July 1, 2015 filing deadline for plaintiff’s motion,

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plaintiff filed a substantially revised memorandum of points and authorities in support of the

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motion; and (2) plaintiff has submitted declarations from seven previously undisclosed fact and

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expert witnesses in support of her motion, requiring defendants to conduct further discovery. Dkt.

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No. 188 at 1.

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Defendants initially proposed a two-week extension of the briefing and hearing schedule

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on plaintiffs’ motion. Id. at 3.1 Plaintiff then made additional supplemental filings in support of

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her motion and informed defendants that one of her witnesses would not be available for

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deposition until August 21, 2015. See Dkt. No. 189; Dkt. No. 190 ¶¶ 6-7; Dkt. No. 191; Dkt. No.

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193 at 1-2. Defendants now seek a four-week extension, which would result in the following

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schedule:

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Opposition deadline:

September 9, 2015

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Reply deadline:

October 7, 2015

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The current schedule is as follows: opposition due by August 12, 2015, reply due by September
9, 2015, and hearing on September 23, 2015. Dkt. No. 149.

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Hearing:

October 21, 2015

Dkt. No. 193 at 1.

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This request is GRANTED with the following modifications:

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Opposition deadline:

September 9, 2015

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Reply deadline:

September 30, 2015

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Hearing:

October 14, 2015

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Defendants also ask that plaintiff be prohibited from making any further supplemental

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filings in support her motion for class certification without prior leave of the Court. Dkt. No. 193-

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2. This request is also GRANTED. This prohibition shall also apply to plaintiff’s reply brief.
That is, after plaintiff files her reply brief on September 30, 2015, she is prohibited from making

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United States District Court
Northern District of California

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any supplemental filings in support of the brief without prior leave of the Court.

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Within one day of the date of this order, plaintiff shall confirm with defendants that they
have received a complete set of all documents filed in support of her motion for class certification.
IT IS SO ORDERED.
Dated: July 16, 2015
______________________________________
WILLIAM H. ORRICK
United States District Judge

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