EVANS et al v. LINDEN RESEARCH, INC. et al

Filing 84

ORDER RE BRIEFING SCHEDULE ON PLAINTIFFS CLASS CERTIFICATION MOTION. Signed by Magistrate Judge Donna M. Ryu on 02/09/2012. (dmrlc1, COURT STAFF) (Filed on 2/9/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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EVANS ET AL,

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Plaintiffs,
v.

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ORDER RE BRIEFING SCHEDULE ON
PLAINTIFFS’ CLASS CERTIFICATION
MOTION

LINDEN RESEARCH, INC. ET AL,

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No. C-11-01078 DMR

Defendants.
___________________________________/

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On January 20, 2012, Plaintiffs filed a motion for class certification [Docket No. 76] in

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accordance with a stipulated briefing schedule on the motion. [Docket No. 71.] The parties’

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stipulated briefing schedule provides that Defendants’ opposition to the class certification motion is

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due on February 21, 2012 and Plaintiffs’ reply is due on March 6, 2012. The court set a hearing on

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the motion, as well as a further Case Management Conference, on April 11, 2012 at 1:30 p.m.

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However, Plaintiffs have also filed motions for an extension of time to complete class certification

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discovery and for leave to file a second amended complaint [Docket Nos. 74, 75], which are

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scheduled for hearing on February 23, 2012, after the deadline for Defendants to file their opposition

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to the class certification motion. Defendants now argue that should Plaintiffs prevail on the motions

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scheduled for hearing on February 23, 2012, they will be prejudiced as Plaintiffs will have the

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tactical advantage of having already seen Defendants’ arguments in opposition to class certification.

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In order to prevent any such prejudice, the court hereby suspends the February 21, 2012

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deadline for Defendants to file their opposition to Plaintiffs’ class certification motion. The court

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will revisit the briefing schedule on the motion at the February 23, 2012 hearing.

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Dated: February 9, 2012

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RT

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For the Northern District of California

United States District Court

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LI

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DONNA M. RYU nna M. Ryu
United Statese Do
Judg Magistrate Judge

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DERED

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IT IS SO ORDERED.

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