Burden v. Selectquote Insurance Services

Filing 71

ORDER by Judge ARMSTRONG granting 67 Motion for Leave to File; denying 28 Motion to Certify Class (lrc, COURT STAFF) (Filed on 3/2/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 CHARLES BURDEN, individually and on Case No: C 10-5966 SBA behalf of other persons similarly situated, ORDER GRANTING DEFENDANT’S 7 Plaintiff, 8 vs. 9 ADMINISTRATIVE MOTION FOR LEAVE TO FILE MOTION TO STRIKE REMAINING CLASS ALLEGATIONS SELECTQUOTE INSURANCE SERVICES, 10 a California corporation; and DOES 1 through Docket 28, 67, 68 10, 11 Defendants. 12 13 14 The parties are presently before the Court on Defendant’s Administrative Motion for 15 Leave to File Motion to Strike Remaining Class Allegations. (Dkt. 67.) Having read and 16 considered the papers submitted in connection with the motion, and having reviewed the 17 record in this action, the Court finds good cause to grant Defendant’s request. Accordingly, 18 IT IS HEREBY ORDERED THAT: 19 1. Defendant’s Administrative Motion for Leave to File Motion to Strike 20 Remaining Class Allegations is GRANTED. Plaintiff shall file his response to Defendant’s 21 Motion to Strike Remaining Class Allegations (Dkt. 68) by no later than March 16, 2012. 22 Defendant shall file its reply by March 23, 2012. The hearing on the motion will take place 23 on April 10, 2012 at 1:00 p.m. The Court, in its discretion, may resolve the motion without 24 oral argument. Fed. R. Civ. P. 78(b); Civ. L.R. 7-1(b). The parties are advised to check the 25 Court’s website to determine whether a court appearance is required. 26 2. Plaintiff’s Motion for Class Certification (Dkt. 28) is DENIED without 27 prejudice. Following the Court’s ruling on Defendant’s Motion to Strike Remaining Class 28 Allegations, Plaintiff may renew his motion, if appropriate. 1 3. The pretrial conference scheduled for April 3, 2012, trial date of May 4, 2 2012, and the deadlines for submitting pretrial documents are VACATED. The parties 3 shall appear for a telephonic Case Management Conference on May 9, 2012 at 3:00 p.m. 4 to set a new trial date. Prior to the date scheduled for the conference, the parties shall meet 5 and confer and prepare a joint Case Management Conference Statement which complies 6 with the Standing Order for All Judges of the Northern District of California and the 7 Standing Orders of this Court. Plaintiff shall assume responsibility for filing the joint 8 statement no less than seven (7) days prior to the conference date. Plaintiff’s counsel is to 9 set up the conference call with all the parties on the line and call chambers at (510) 637- 10 3559. NO PARTY SHALL CONTACT CHAMBERS DIRECTLY WITHOUT PRIOR 11 AUTHORIZATION OF THE COURT. 12 4. 13 IT IS SO ORDERED. 14 This Order terminates Docket 28 and 67. Dated: March 2, 2012 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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