Rainbow Business Solutions et al v. Merchant Services, Inc et al

Filing 532

ORDER VACATING HEARING ON PLAINTIFFS #508 MOTION FOR CLASS CERTIFICATION. Signed by Judge Claudia Wilken on 7/22/2013. (ndr, COURT STAFF) (Filed on 7/22/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RAINBOW BUSINESS SOLUTIONS, doing
business as PRECISION TUNE AUTO
CARE; DIETZ TOWING, INC.; THE
ROSE DRESS, INC.; VOLKER VON
GLASENAPP; JERRY SU; VERENA
BAUMGARTNER; TERRY JORDAN; ERIN
CAMPBELL; and LEWIS BAE,

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United States District Court
For the Northern District of California

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No. C 10-1993 CW
ORDER VACATING
HEARING ON
PLAINTIFFS’ MOTION
FOR CLASS
CERTIFICATION

Plaintiffs,
v.
MERCHANT SERVICES, INC.; NATIONAL
PAYMENT PROCESSING; UNIVERSAL
MERCHANT SERVICES LLC; UNIVERSAL
CARD, INC.; JASON MOORE; NATHAN
JURCZYK; ROBERT PARISI; ERIC
MADURA; FIONA WALSHE; ALICYN ROY;
MBF LEASING LLC; NORTHERN
FUNDING, LLC; NORTHERN LEASING
SYSTEMS, INC.; JAY COHEN; LEONARD
MEZEI; SARA KRIEGER; SAM BUONO;
and SKS ASSOCIATES, LLC,
Defendants.
________________________________/
Plaintiffs have filed voluminous exhibits in support of their

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amended motion for class certification.

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pages of exhibits that are not included in the electronic docket

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or in the chambers copies provided to the Court.

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page 11 of Plaintiffs’ Amended Motion cites, among other things,

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page 10 of the declaration of Alicyn Roy and multiple pages of the

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declaration of Nathan Jurczyk which were not included in

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Plaintiffs’ filings.

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from the more than 100 exhibits Plaintiffs filed in support of

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their motion.

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to rule on Plaintiffs’ motion without a complete set of exhibits.

Plaintiffs’ motion cites

For example,

It is not clear how many pages are missing

The Court is unable to prepare for the hearing or

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Plaintiffs are directed to review the motion, opposition and

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reply and each of the exhibits cited therein to ensure that every

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page of Plaintiffs’ exhibits cited by either party has been filed

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on the electronic docket and submitted to the Court as chambers

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copies.

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to stipulate to a new hearing date for Plaintiffs’ motion.

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Plaintiffs shall file and submit their amended exhibits at least

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two weeks prior to the date of the hearing.

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Plaintiffs shall meet and confer with Leasing Defendants

The July 25, 2013 hearing date is VACATED.

Leasing

United States District Court
For the Northern District of California

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Defendants’ motion to continue the hearing is DENIED as moot.

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(Docket No. 530).

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Plaintiffs, it will not delay the hearing on this motion until

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after final approval of the settlement between Plaintiffs and

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Merchant Services Defendants.

The Court notes that, absent a stipulation from

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IT IS SO ORDERED.

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Dated: 7/22/2013

CLAUDIA WILKEN
United States District Judge

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