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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 MARTIN MURRAY, 5 6 No. C 09-5744 CW Plaintiff, ORDER GRANTING IN PART MOTION FOR EXTENSION OF TIME (Docket No. 176) v. 7 SEARS, ROEBUCK AND CO., et al., 8 Defendants. ________________________________/ 9 United States District Court For the Northern District of California 10 On December 17, 2012, Defendants filed an administrative 11 motion seeking a two-week extension to file their response to 12 Plaintiff’s motion for class certification. 13 motion and requests an extension of the deadline for class 14 certification expert discovery. 15 papers, the Court grants Defendants’ motion in part and denies it 16 in part. 17 Plaintiff opposes the Having reviewed the parties’ Defendants set forth three basic reasons for requesting an 18 extension of time: first, the lengthy evidentiary record on which 19 Plaintiff’s class certification motion relies; second, the 20 unavailability of Plaintiff’s class certification expert for a 21 deposition before the new year; and third, the limited 22 availability of Defendants’ counsel and experts during the holiday 23 season. 24 an extension of time and notes that Defendants agreed to the 25 current briefing schedule three months ago. 26 Stipulation to Extend Deadlines. 27 concerns, particularly as to the availability of Plaintiff’s 28 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’ 1 adequately addressed by a one-week extension of time. 2 Accordingly, Defendants’ deadline to file their response and 3 Plaintiff’s deadline to file his reply are both extended by one 4 week. 5 continued one week to accommodate the modified briefing schedule. 6 In addition, the deadline for class certification expert The motion hearing and case management conference will be 7 discovery is extended by five weeks to ensure that Plaintiff has 8 adequate time to take discovery of Defendants’ class certification 9 expert. Without this extension, the deadline for class United States District Court For the Northern District of California 10 certification expert discovery would elapse before Defendants were 11 required to designate their class certification experts. 12 The new schedule is as follows: 13 January 18, 2013: Defendants’ response to Plaintiff’s class 14 15 16 certification motion is due. January 18, 2013: Defendants must designate any class certification experts. 17 February 8, 2013: Class certification expert discovery ends. 18 February 21, 2013: Plaintiff’s reply in support of his motion 19 20 21 22 23 24 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. 25 26 27 Dated: 12/27/2012 CLAUDIA WILKEN United States District Judge 28 2

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