Berndt et al v. California Department of Corrections et al

Filing 456

ORDER by Judge Hamilton re 453 Motion for Leave to Seek Reconsideration (pjhlc2, COURT STAFF) (Filed on 4/19/2012)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4
MARTHA BERNDT, et al.,
5
Plaintiffs,

No. C 03-3174 PJH

6
v.

ORDER

7
8

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

9

Defendants.
_______________________________/

11
For the Northern District of California

United States District Court

10
The court is in receipt of plaintiffs’ motion for leave to seek reconsideration of the

12

court’s March 20, 2012 order denying plaintiffs’ motion for class certification, based in part

13

on documents reflecting post-hearing efforts by two plaintiffs to exhaust the administrative

14

remedies that should have been exhausted prior to the filing of their claims a number of

15

years ago, which were attached to two requests for judicial notice filed in October 2011 and

16

January 2012. The court can locate no courtesy copies of these documents and no

17

proposed orders granting the requests and was unaware of their existence until the current

18

motion was filed. Accordingly, the requests for judicial notice have never been granted.

19

Accordingly, plaintiffs’ request for leave to file a motion for reconsideration explaining how

20

the belated administrative exhaustion impacts the class certification analysis is GRANTED.

21

However, because of other press of business on this court’s docket, the parties will be

22

afforded a short time frame within which to put this issue before the court. Plaintiffs’ motion

23

shall not exceed 10 pages and must be file no later than April 26, 2012. Defendants’

24

response shall not exceed 10 pages and must be filed no later than May 3, 2012. No reply

25

is permitted. The matter will be decided on the papers.

26
27
28

IT IS SO ORDERED.
Dated: April 19, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge