Huricks et al v. Shopkick, Inc.
Filing
63
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO STAY OR EXTEND DEADLINE TO FILE CLASS CERTIFICATION MOTION; EXTENDING DEADLINE TO FILE CLASS CERTIFICATION MOTION; CONTINUING CASE MANAGEMENT CONFERENCE; VACATING HEARING. T he deadline for plaintiffs to file a motion for class certification is extended from April 17, 2015 to July 17, 2015. The Case Management Conference is continued from July 17, 2015, to October 23, 2015, at 10:30 a.m.; a Joint Case Management Conference Statement shall be filed no later than October 16, 2015. Signed by Judge Maxine M. Chesney on March 9, 2015. (mmclc1, COURT STAFF) (Filed on 3/9/2015)
1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
For the Northern District of California
United States District Court
10
11
12
No. C 14-2464 MMC
ZAK HURICKS, an individual, and TRISTA
ROBINSON, an individual, by themselves
and on behalf of all other similarly situated,
Plaintiffs,
13
v.
14
SHOPKICK, INC.,
15
Defendant.
16
/
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT’S
MOTION TO STAY OR EXTEND
DEADLINE TO FILE CLASS
CERTIFICATION MOTION; EXTENDING
DEADLINE TO FILE CLASS
CERTIFICATION MOTION;
CONTINUING CASE MANAGEMENT
CONFERENCE; VACATING HEARING
17
18
Before the Court is defendant’s “Motion to Stay Litigation,” filed February 3, 2015, by
19
which motion defendant seeks a stay of the above-titled action or, alternatively, an
20
extension of the deadline for plaintiffs to file their motion for class certification. Plaintiffs
21
have filed opposition to the extent defendant seeks a stay, and defendant has replied.
22
Having read and considered the parties’ respective written submissions, the Court finds the
23
matter suitable for decision thereon, VACATES the hearing scheduled for March 13, 2015,
24
and rules as follows:
25
1. To the extent the motion seeks a stay of the action, in order to afford the Federal
26
Communications Commission (“FCC”) an opportunity to respond to two petitions submitted
27
to the FCC in, respectively, October 2013 and March 2014 (see Buckley Decl. Exs. C, D),
28
the motion is hereby DENIED, as there is no showing the FCC will issue a ruling thereon,
1
much less within a reasonable period of time. See American Auto. Mfrs. Ass’n v.
2
Massachusetts Dep’t of Envtl. Prot., 163 F.3d 74, 81 (1st Cir. 1998) (holding any benefit
3
that might be realized from staying action in favor of administrative proceedings “must be
4
balanced against the potential for delay”); Alvarado v. Bay Area Credit Service, LLC, 2015
5
WL 224950, at *2 (N.D. Cal. January 16, 2015) (declining to stay action for possible
6
resolution of petitions pending before FCC, given “there [was] no indication that a decision
7
from the FCC [was] coming any time soon”).
8
2. To the extent the motion seeks an order extending by three months the deadline
9
for plaintiffs to file their motion for class certification, to afford defendant an opportunity to
10
first file a motion for summary judgment, the motion is hereby GRANTED; the deadline for
11
plaintiffs to file a motion for class certification is hereby EXTENDED from April 17, 2015 to
12
July 17, 2015.
13
3. In light of the above, the Case Management Conference is hereby CONTINUED
14
from July 17, 2015, to October 23, 2015, at 10:30 a.m. A Joint Case Management
15
Conference Statement shall be filed no later than October 16, 2015.
16
IT IS SO ORDERED.
17
18
Dated: March 9, 2015
MAXINE M. CHESNEY
United States District Judge
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?