John Utne v. Home Depot U.S.A., Inc.

Filing 52

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 JOHN UTNE, Case No. 16-cv-01854-RS Plaintiff, 11 United States District Court Northern District of California v. ORDER REQUIRING PARTIES TO MEET AND CONFER 12 13 HOME DEPOT U.S.A., INC., Defendant. 14 15 16 Plaintiff John Utne moves for leave to file a third amended class action complaint, to 17 shorten time on that motion, and to modify various case scheduling deadlines applicable to 18 defendant’s pending motion for partial summary judgment and plaintiff’s impending motion for 19 class certification. All case scheduling deadlines are hereby vacated, as is the scheduled hearing 20 on defendant’s pending motion for partial summary judgment. Plaintiff is temporarily relieved of 21 its obligation to file opposition to that motion. 22 The parties are hereby ordered, within the next seven days, to meet and confer in order to 23 attempt to stipulate to plaintiff’s filing a third amended complaint (keeping in mind that Rule 15 is 24 to be applied “with extreme liberality,” see Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 25 1048, 1051 (9th Cir. 2003)), and to attempt to stipulate to new briefing schedules and hearing 26 dates for the motions for partial summary judgment and class certification (and for the motion for 27 leave to file a third amendment complaint, should the parties fail to stipulate to its filing). In a 28 joint letter, the parties must promptly inform the Court of the fruits of their efforts. If a third 1 amended complaint is filed and defendant seeks to challenge any new claim it raises, defendant 2 may voluntarily withdraw its motion for partial summary judgment without prejudice and re-file a 3 more expansive motion, or else file a motion to dismiss any new claim. 4 5 IT IS SO ORDERED. 6 7 8 9 Dated: August 16, 2017 ______________________________________ RICHARD SEEBORG United States District Judge 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 ORDER REQUIRING PARTIES TO MEET AND CONFER CASE NO. 16-cv-01854-RS 28 2

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