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

Filing 86

ORDER by Magistrate Judge Donna M. Ryu granting in part and denying in part 74 Motion for Extension of Time to Complete Discovery and granting 75 Motion for Leave to File a Second Amended Complaint. (dmrlc1, COURT STAFF) (Filed on 2/24/2012)

1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
No. C-11-01078 DMR

CARL EVANS, et al.,
8
Plaintiffs,

ORDER GRANTING PLAINTIFFS’
MOTION TO AMEND AND GRANTING
IN PART MOTION TO ENLARGE
TIME

9
v.
LINDEN RESEARCH, INC., et al.,
11
For the Northern District of California

United States District Court

10
Defendants.
12
___________________________________/
13
14
15

Before the court are Plaintiffs’ Motion for Leave to File Second Amended Complaint

16

(“Motion to Amend”) and Motion to Enlarge Time and Vacate the Court’s Scheduling Order

17

(“Motion to Enlarge Time”). [Docket Nos. 74 and 75.] The court conducted a hearing on the

18

motions on February 23, 2012 during which the parties were given an opportunity to present their

19

arguments. This Order summarizes the rulings made by the court on the record during the hearing.

20
21

I. Motion to Amend
Plaintiffs seek to amend the complaint for the sole purpose of substituting now-deceased

22

named Plaintiff Cindy Carter with named Plaintiff Naomi Hemingway. Plaintiffs’ Motion to Amend

23

is granted. The Second Amended Complaint appended to Plaintiffs’ reply to Defendants’ opposition

24

to the Motion to Amend [Docket No. 83, Ex. 1] is now the operative complaint in this action and is

25

deemed filed as of February 23, 2012. A responsive pleading is due in accordance with the Federal

26

Rules of Civil Procedure. However, pursuant to the parties’ agreement, Defendants may file an

27

answer that is limited to the new paragraphs of the Second Amended Complaint only.

28

1

II. Motion to Enlarge Time

2

Plaintiffs’ Motion to Enlarge Time is granted in part. The scope of further class certification

3

discovery is strictly limited to completing discovery that 1) was propounded and in progress at the

4

time of the original October 20, 2011 discovery deadline; 2) was the subject of the extension of the

5

discovery deadline for certain depositions [see Docket No. 65]; or 3) pertains to the newly named

6

Plaintiff Naomi Hemingway. This class certification discovery must be concluded by April 23,

7

2012.

8

Defendants may depose Naomi Hemingway at defense counsel’s office. Such deposition

9

shall take place as soon as reasonably possible and Plaintiffs’ counsel is responsible for Plaintiff
Hemingway’s travel expenses related to the deposition, as well as the cost of the deposition

11

transcript. Further, the parties must meet and confer in compliance with the court’s standing order

12

regarding outstanding class certification discovery issues. Any remaining discovery disputes shall

13

be presented to the court by a joint discovery letter filed no later than March 5, 2012.1

14

Plaintiffs’ renewed class certification motion shall be filed by May 7, 2012. Any response in

15

opposition to the class certification motion shall be filed by June 6, 2012, and any reply in support

16

of the motion shall be filed by June 20, 2012. A hearing on the class certification motion, as well as

17

a case management conference, will be held on July 26, 2012 at 11:00 a.m. An updated joint case

18

management conference statement shall be filed by July 19, 2012.

NO

DONNA M. RYU
M. Ryu
United States Magistrate Judge
Donna
ge

23

RT

ER

H

24

Jud

25
26

R NIA

22

FO

S
Dated: February 24, 2012

D

RDERE

OO
IT IS S

LI

21

IT IS SO ORDERED.

A

20

S DISTRICT
TE
C
TA

RT
U
O

19

UNIT
ED

For the Northern District of California

United States District Court

10

N

F
D IS T IC T O
R

C

27
1

28

The court’s Order regarding the original joint letter [Docket No. 73] is hereby amended to
deny Plaintiffs’ discovery motion without prejudice.

2