Breazeale et al v. Victim Services, Inc. d/b/a CorrectiveSolutions et al

Filing 252

ORDER STRIKING MOTION TO DENY CLASS CERTIFICATION AND ORDER TO SHOW CAUSE. Show Cause Response due by 7/11/2018 at 9:00 a.m. Signed by Judge Vince Chhabria on 7/10/2018. (knm, COURT STAFF) (Filed on 7/10/2018)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

KAREN SOLBERG, et al.,

Case No. 14-cv-05266-VC

Plaintiffs,
v.
VICTIM SERVICES, INC. D/B/A
CORRECTIVESOLUTIONS, et al.,

ORDER STRIKING MOTION TO
DENY CLASS CERTIFICATION AND
ORDER TO SHOW CAUSE
Re: Dkt. Nos. 244, 246, 251

Defendants.

The motion to deny class certification is stricken as redundant and improperly filed in
light of the motion for class certification that is currently being briefed. See Fed. R. Civ. P.
12(f).
Additionally, defense counsel are ordered to show cause why they should not be
sanctioned under 28 U.S.C. § 1927 and/or Federal Rule of Procedure 11 for filing an improper
motion. Defense counsel did not seek leave of the Court before filing this motion; nor have
defense counsel explained why a separate, redundant series of briefs is needed for this motion
when there is a pending motion for class certification, and when the defendants are making the
same kinds of arguments in both motions (and even referencing the same exhibits). In contrast
to the motion to deny class certification, the motion for class certification was scheduled more
than six months ago, and the briefing schedule was established in advance. The motion to deny
class certification therefore appears to be frivolous and is needlessly increasing the cost of
litigation. See Huy Nguyen v. Wells Fargo Bank, N.A., No. 15-cv-05239, 2017 WL 4224930, at
*1 n.2 (N.D. Cal. Sept. 22, 2017) (distinguishing cross-motions for summary judgment and
explaining why simultaneous motions for class certification and to deny class certification are

unnecessary). By no measure is this a "preemptive" motion to deny class certification either, as
in Vinole v. Countrywide Home Loans, Inc., 571 F.3d 935, 939 (9th Cir. 2009). Therefore,
defense counsel is ordered to file its response to this order to show cause by 9:00 am on
Wednesday, July 11, 2018. The Court will decide the order to show cause on the papers.
IT IS SO ORDERED.
Dated: July 10, 2018
______________________________________
VINCE CHHABRIA
United States District Judge

2