John Utne v. Home Depot U.S.A., Inc.
Filing
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ORDER REQUIRING PARTIES TO MEET AND CONFER. Signed by Judge Richard Seeborg on 8/16/17. (cl, COURT STAFF) (Filed on 8/16/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOHN UTNE,
Case No. 16-cv-01854-RS
Plaintiff,
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United States District Court
Northern District of California
v.
ORDER REQUIRING PARTIES TO
MEET AND CONFER
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HOME DEPOT U.S.A., INC.,
Defendant.
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Plaintiff John Utne moves for leave to file a third amended class action complaint, to
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shorten time on that motion, and to modify various case scheduling deadlines applicable to
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defendant’s pending motion for partial summary judgment and plaintiff’s impending motion for
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class certification. All case scheduling deadlines are hereby vacated, as is the scheduled hearing
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on defendant’s pending motion for partial summary judgment. Plaintiff is temporarily relieved of
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its obligation to file opposition to that motion.
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The parties are hereby ordered, within the next seven days, to meet and confer in order to
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attempt to stipulate to plaintiff’s filing a third amended complaint (keeping in mind that Rule 15 is
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to be applied “with extreme liberality,” see Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d
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1048, 1051 (9th Cir. 2003)), and to attempt to stipulate to new briefing schedules and hearing
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dates for the motions for partial summary judgment and class certification (and for the motion for
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leave to file a third amendment complaint, should the parties fail to stipulate to its filing). In a
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joint letter, the parties must promptly inform the Court of the fruits of their efforts. If a third
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amended complaint is filed and defendant seeks to challenge any new claim it raises, defendant
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may voluntarily withdraw its motion for partial summary judgment without prejudice and re-file a
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more expansive motion, or else file a motion to dismiss any new claim.
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IT IS SO ORDERED.
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Dated: August 16, 2017
______________________________________
RICHARD SEEBORG
United States District Judge
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United States District Court
Northern District of California
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ORDER REQUIRING PARTIES TO MEET AND CONFER
CASE NO. 16-cv-01854-RS
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