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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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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,

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v.
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SHOPKICK, INC.,
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Defendant.
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/

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

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Before the Court is defendant’s “Motion to Stay Litigation,” filed February 3, 2015, by

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which motion defendant seeks a stay of the above-titled action or, alternatively, an

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extension of the deadline for plaintiffs to file their motion for class certification. Plaintiffs

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have filed opposition to the extent defendant seeks a stay, and defendant has replied.

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Having read and considered the parties’ respective written submissions, the Court finds the

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matter suitable for decision thereon, VACATES the hearing scheduled for March 13, 2015,

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and rules as follows:

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1. To the extent the motion seeks a stay of the action, in order to afford the Federal

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Communications Commission (“FCC”) an opportunity to respond to two petitions submitted

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to the FCC in, respectively, October 2013 and March 2014 (see Buckley Decl. Exs. C, D),

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the motion is hereby DENIED, as there is no showing the FCC will issue a ruling thereon,

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much less within a reasonable period of time. See American Auto. Mfrs. Ass’n v.

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Massachusetts Dep’t of Envtl. Prot., 163 F.3d 74, 81 (1st Cir. 1998) (holding any benefit

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that might be realized from staying action in favor of administrative proceedings “must be

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balanced against the potential for delay”); Alvarado v. Bay Area Credit Service, LLC, 2015

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WL 224950, at *2 (N.D. Cal. January 16, 2015) (declining to stay action for possible

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resolution of petitions pending before FCC, given “there [was] no indication that a decision

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from the FCC [was] coming any time soon”).

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2. To the extent the motion seeks an order extending by three months the deadline

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for plaintiffs to file their motion for class certification, to afford defendant an opportunity to

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first file a motion for summary judgment, the motion is hereby GRANTED; the deadline for

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plaintiffs to file a motion for class certification is hereby EXTENDED from April 17, 2015 to

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July 17, 2015.

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3. In light of the above, the Case Management Conference is hereby CONTINUED

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from July 17, 2015, to October 23, 2015, at 10:30 a.m. A Joint Case Management

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Conference Statement shall be filed no later than October 16, 2015.

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IT IS SO ORDERED.

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Dated: March 9, 2015
MAXINE M. CHESNEY
United States District Judge

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