Dana Gold v. Lumber Liquidators, Inc.

Filing 160

ORDER Granting in Part and Denying in Part Parties' 158 Joint Stipulation on Scheduling. Plaintiffs' 156 Motion to Shorten Time for Consideration of Plaintiffs' Motion for Leave to Amend Class Action Complaint is found moot. Signed by Judge Thelton E. Henderson on 5/25/17.(tehlc2, COURT STAFF) (Filed on 5/25/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DANA GOLD, et al., Plaintiffs, 8 9 10 v. LUMBER LIQUIDATORS, INC., Defendant. United States District Court Northern District of California 11 Case No. 14-cv-05373-TEH ORDER GRANTING IN PART AND DENYING IN PART PARTIES’ JOINT STIPULATION ON SCHEDULING 12 Currently before the Court is the parties’ Joint Stipulation for an Order Granting the 13 Parties Request to Extend the Hearing on Plaintiffs’ Motion for Class Certification and 14 Defendant’s Daubert Motion and Advancing the Hearing on Plaintiffs’ Motion for Leave 15 to Amend. ECF No. 158. After carefully considering the parties’ joint stipulation, the 16 Court GRANTS IN PART and DENIES IN PART the joint stipulation. 17 The Court GRANTS the parties’ request to VACATE the hearing currently 18 scheduled for June 5, 2017 on Plaintiffs’ motion for class certification and Defendant’s 19 Daubert Motion. The Court also GRANTS the parties’ agreement to allow Defendant to 20 file an opposition to Plaintiffs’ motion for leave to amend no later than June 6, 2017, 21 while Plaintiffs forgo filing a reply. Consequently, Plaintiffs’ Motion to Shorten Time for 22 Consideration of Plaintiffs’ Motion for Leave to Amend Class Action Complaint (ECF No. 23 24 156) is moot. The Court DENIES the parties’ request to schedule a hearing on Plaintiffs’ Motion for Leave to Amend on June 12, 2017 as the Court is unable to accommodate the hearing 25 on this date. Instead, the Court shall hear oral arguments on this sole motion on June 19, 26 2017, at 10:00 AM. Because the resolution of Plaintiffs’ motion for leave to amend their 27 complaint may fundamentally affect Plaintiffs’ motion for class certification and/or 28 1 Defendant’s motion to exclude Plaintiffs’ experts, the Court shall not hear oral arguments 2 on these two motions on June 19, 2017. Rather, the parties shall be prepared to discuss the 3 rescheduling of the hearing on these two motions at the June 19, 2017 hearing. 4 IT IS SO ORDERED. 5 6 7 Dated: 5/25/2017 _____________________________________ THELTON E. HENDERSON United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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