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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ABERE NEWETT, et al.,
Plaintiffs,

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ORDER RE JOINT LETTER OF
SEPTEMBER 13, 2017

v.

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LEAPFROG ENTERPRISES, INC., et al.,

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Docket No. 145

Defendants.

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For the Northern District of California

United States District Court

Case No. 15-cv-00347-EMC

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The Court shall not rule on the dispute regarding bifurcation of discovery at this juncture.

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The parties shall address this issue in their joint CMC statement due on September 21, 2017 (i.e.,

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one week in advance of the September 28 CMC). The parties are advised that the Court generally

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disfavors bifurcation, and that Defendants shall bear the burden of showing that bifurcation is

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warranted. Defendants are further advised that any claim that merits discovery in advance of class

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certification would be unduly disproportionate or burdensome must be supported by specific facts

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and/or a declaration.

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IT IS SO ORDERED.

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Dated: September 14, 2017
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EDWARD M. CHEN
United States District Judge