Herrington v. Johnson & Johnson Consumer Companies Inc et al

Filing 129

AMENDED Order with Signature by Judge Claudia Wilken GRANTING in Part 126 Defendants' Motion for Leave to File Briefing in Excess of Twenty-Five Pages and to Modify Briefing Schedule. Signed by Judge Claudia Wilken on 1/29/2010. (cwlc2, COURT STAFF) (Filed on 2/1/2010)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants have filed a joint motion requesting leave to file a consolidated, omnibus brief which will not exceed thirty-five pages in length. In addition, each individual Defendant seeks v. JOHNSON & JOHNSON CONSUMER COMPANIES, INC.; L'OREAL USA, INC.; KIMBERLYCLARK CORPORATION; CVS/CAREMARK CORPORATION; and TARGET CORPORATION, Defendants. / THERESA HERRINGTON, ANNA HALEY, JOY SARJENT, KIMBERLY FOURNIER and CINDY KING, individually and on behalf of themselves and all others similarly situated, Plaintiffs, No. C 09-1597 CW ORDER GRANTING IN PART DEFENDANTS' MOTION FOR LEAVE TO FILE MOTION TO DISMISS IN EXCESS OF 25 PAGES AND TO MODIFY BRIEFING SCHEDULE (Docket No. 126) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

leave to file an appendix, not to exceed five pages in length, to discuss Defendant-specific issues. Defendants assert that expanded

briefing is required to address Plaintiffs' eleven causes of action against five separate Defendants who are alleged to have marketed

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

different products. their motion.

Defendants state that Plaintiffs do not oppose

Having considered Defendants' papers, the Court GRANTS their request in part. Defendants may file a consolidated, omnibus brief

in support of their Motion to Dismiss that does not exceed twentyfive pages in length. If necessary, each individual Defendant may

file an appendix, which addresses non-repetitively Defendantspecific issues, that does not exceed three pages in length. In

turn, Plaintiffs may file a consolidated, omnibus opposition brief that does not exceed forty pages in length. Defendants' opening brief and related appendices shall be due February 5, 2010. Plaintiffs' opposition shall be due March 8, Defendants'

2010, and any reply shall be due March 22, 2010.

Motion shall be taken under submission on the papers.

IT IS SO ORDERED.

Dated: January 29, 2010

CLAUDIA WILKEN United States District Judge

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