Murray v. Sears, Roebuck and Co. et al
Filing
182
ORDER by Judge Claudia Wilken GRANTING IN PART 176 MOTION FOR EXTENSION OF TIME. Responses due by 1/18/2013. Replies due by 2/21/2013. (ndr, COURT STAFF) (Filed on 12/27/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MARTIN MURRAY,
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No. C 09-5744 CW
Plaintiff,
ORDER GRANTING IN
PART MOTION FOR
EXTENSION OF TIME
(Docket No. 176)
v.
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SEARS, ROEBUCK AND CO., et al.,
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Defendants.
________________________________/
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United States District Court
For the Northern District of California
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On December 17, 2012, Defendants filed an administrative
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motion seeking a two-week extension to file their response to
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Plaintiff’s motion for class certification.
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motion and requests an extension of the deadline for class
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certification expert discovery.
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papers, the Court grants Defendants’ motion in part and denies it
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in part.
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Plaintiff opposes the
Having reviewed the parties’
Defendants set forth three basic reasons for requesting an
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extension of time: first, the lengthy evidentiary record on which
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Plaintiff’s class certification motion relies; second, the
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unavailability of Plaintiff’s class certification expert for a
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deposition before the new year; and third, the limited
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availability of Defendants’ counsel and experts during the holiday
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season.
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an extension of time and notes that Defendants agreed to the
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current briefing schedule three months ago.
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Stipulation to Extend Deadlines.
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concerns, particularly as to the availability of Plaintiff’s
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expert for a deposition, are legitimate; however, they could be
Plaintiff argues that Defendants’ concerns do not justify
See Docket No. 160,
The Court finds that Defendants’
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adequately addressed by a one-week extension of time.
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Accordingly, Defendants’ deadline to file their response and
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Plaintiff’s deadline to file his reply are both extended by one
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week.
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continued one week to accommodate the modified briefing schedule.
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In addition, the deadline for class certification expert
The motion hearing and case management conference will be
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discovery is extended by five weeks to ensure that Plaintiff has
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adequate time to take discovery of Defendants’ class certification
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expert.
Without this extension, the deadline for class
United States District Court
For the Northern District of California
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certification expert discovery would elapse before Defendants were
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required to designate their class certification experts.
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The new schedule is as follows:
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January 18, 2013: Defendants’ response to Plaintiff’s class
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certification motion is due.
January 18, 2013: Defendants must designate any class
certification experts.
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February 8, 2013: Class certification expert discovery ends.
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February 21, 2013: Plaintiff’s reply in support of his motion
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for class certification is due.
March 7, 2013: The parties will file a joint case management
statement in accordance with Civil Local Rule 16-9.
March 14, 2013: Plaintiff’s motion for class certification
will be heard and a case management conference will be held.
IT IS SO ORDERED.
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Dated:
12/27/2012
CLAUDIA WILKEN
United States District Judge
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