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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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

6 CHARLES BURDEN, individually and on

Case No: C 10-5966 SBA

behalf of other persons similarly situated,
ORDER GRANTING DEFENDANT’S

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Plaintiff,
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vs.
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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

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Defendants.
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The parties are presently before the Court on Defendant’s Administrative Motion for

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Leave to File Motion to Strike Remaining Class Allegations. (Dkt. 67.) Having read and

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considered the papers submitted in connection with the motion, and having reviewed the

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record in this action, the Court finds good cause to grant Defendant’s request. Accordingly,

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IT IS HEREBY ORDERED THAT:

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Defendant’s Administrative Motion for Leave to File Motion to Strike

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Remaining Class Allegations is GRANTED. Plaintiff shall file his response to Defendant’s

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Motion to Strike Remaining Class Allegations (Dkt. 68) by no later than March 16, 2012.

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Defendant shall file its reply by March 23, 2012. The hearing on the motion will take place

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on April 10, 2012 at 1:00 p.m. The Court, in its discretion, may resolve the motion without

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oral argument. Fed. R. Civ. P. 78(b); Civ. L.R. 7-1(b). The parties are advised to check the

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Court’s website to determine whether a court appearance is required.

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2.

Plaintiff’s Motion for Class Certification (Dkt. 28) is DENIED without

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prejudice. Following the Court’s ruling on Defendant’s Motion to Strike Remaining Class

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Allegations, Plaintiff may renew his motion, if appropriate.

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3.

The pretrial conference scheduled for April 3, 2012, trial date of May 4,

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2012, and the deadlines for submitting pretrial documents are VACATED. The parties

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shall appear for a telephonic Case Management Conference on May 9, 2012 at 3:00 p.m.

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to set a new trial date. Prior to the date scheduled for the conference, the parties shall meet

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and confer and prepare a joint Case Management Conference Statement which complies

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with the Standing Order for All Judges of the Northern District of California and the

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Standing Orders of this Court. Plaintiff shall assume responsibility for filing the joint

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statement no less than seven (7) days prior to the conference date. Plaintiff’s counsel is to

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set up the conference call with all the parties on the line and call chambers at (510) 637-

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3559. NO PARTY SHALL CONTACT CHAMBERS DIRECTLY WITHOUT PRIOR

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AUTHORIZATION OF THE COURT.

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4.

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IT IS SO ORDERED.

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This Order terminates Docket 28 and 67.

Dated: March 2, 2012

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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