Kamakahi v. American Society for Reproductive Medicine et al

Filing 56

ORDER by Judge ARMSTRONG denying 54 Stipulation (lrc, COURT STAFF) (Filed on 4/20/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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8 LINDSAY KAMAKAHI and JUSTINE

Case No: C 11-01781 SBA

LEVY, individually, and on behalf of
9 themselves and all others similarly situated,

ORDER

Plaintiffs,

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Docket 54.

11 vs.
12 AMERICAN SOCIETY FOR

REPRODUCTIVE MEDICINE; SOCIETY
13 FOR ASSISTED REPRODUCTIVE

TECHNOLOGY,
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Defendants.
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On March 14, 2012, this Court issued an Order granting Plaintiff Lindsay
Kamakahi's ("Plaintiff") motion to consolidate Kamakahi v. American Society for
Reproductive Medicine, et al., C 11-01781-SBA with the related action Levy v. American
Society of Reproductive Medicine, et al., C 11-03803-SBA. Dkt. 52. The Court ordered
Plaintiffs Lindsay Kamakahi and Justine Levy (collectively "Plaintiffs") to file a
consolidated complaint within thirty (30) days from the date of that Order. Id. The Court
also ordered Defendants American Society for Reproductive Medicine and Society for
Assisted Reproductive Technology (collectively "Defendants") to file a responsive pleading
in accordance with Rule 12 of the Federal Rules of Civil Procedure. Id.
On April 6, 2012, the parties filed a stipulation requesting that the Court treat
Defendants' previously filed motion to dismiss the complaint in the Kamakahi action,
Plaintiff's opposition, and Defendants' reply as having been filed in connection with the yet

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to be filed consolidated amended complaint. Dkt. 54. The stipulation further requests that,

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in the event the Court decides to hear oral argument, the matter be set for hearing on May

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31, 2012. Id. On April 12, 2012, Plaintiffs filed a consolidated amended complaint. Dkt.

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55.

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Having read and considered the stipulation filed by the parties, the Court hereby

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DENIES the parties' request to treat Defendants' previously filed motion to dismiss in the

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Kamakahi action, Plaintiff's opposition, and Defendants' reply as having been filed in

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connection with the consolidated amended complaint. Defendants shall file a responsive

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pleading to the consolidated amended complaint in accordance with Rule 12 of the Federal

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Rules of Civil Procedure. In the event Defendants file a motion to dismiss, Defendants

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shall notice the motion for hearing in accordance with the Civil Local Rules and this

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Court's Standing Orders. This Order terminates Docket 54.

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IT IS SO ORDERED.
Dated: 4/20/12

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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