Newett v. Leapfrog Enterprises, Inc. et al

Filing 146

ORDER re 145 Joint Letter of September 13, 2017. Signed by Judge Edward M. Chen on 09/14/2017. (emclc2, COURT STAFF) (Filed on 9/14/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ABERE NEWETT, et al., Plaintiffs, 8 9 ORDER RE JOINT LETTER OF SEPTEMBER 13, 2017 v. 10 LEAPFROG ENTERPRISES, INC., et al., 11 Docket No. 145 Defendants. 12 For the Northern District of California United States District Court Case No. 15-cv-00347-EMC 13 The Court shall not rule on the dispute regarding bifurcation of discovery at this juncture. 14 The parties shall address this issue in their joint CMC statement due on September 21, 2017 (i.e., 15 one week in advance of the September 28 CMC). The parties are advised that the Court generally 16 disfavors bifurcation, and that Defendants shall bear the burden of showing that bifurcation is 17 warranted. Defendants are further advised that any claim that merits discovery in advance of class 18 certification would be unduly disproportionate or burdensome must be supported by specific facts 19 and/or a declaration. 20 21 IT IS SO ORDERED. 22 23 24 25 26 27 28 Dated: September 14, 2017 ______________________________________ EDWARD M. CHEN United States District Judge

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