Kamakahi v. American Society for Reproductive Medicine et al
ORDER by Judge ARMSTRONG denying 54 Stipulation (lrc, COURT STAFF) (Filed on 4/20/2012)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8 LINDSAY KAMAKAHI and JUSTINE
Case No: C 11-01781 SBA
LEVY, individually, and on behalf of
9 themselves and all others similarly situated,
12 AMERICAN SOCIETY FOR
REPRODUCTIVE MEDICINE; SOCIETY
13 FOR ASSISTED REPRODUCTIVE
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
to be filed consolidated amended complaint. Dkt. 54. The stipulation further requests that,
in the event the Court decides to hear oral argument, the matter be set for hearing on May
31, 2012. Id. On April 12, 2012, Plaintiffs filed a consolidated amended complaint. Dkt.
Having read and considered the stipulation filed by the parties, the Court hereby
DENIES the parties' request to treat Defendants' previously filed motion to dismiss in the
Kamakahi action, Plaintiff's opposition, and Defendants' reply as having been filed in
connection with the consolidated amended complaint. Defendants shall file a responsive
pleading to the consolidated amended complaint in accordance with Rule 12 of the Federal
Rules of Civil Procedure. In the event Defendants file a motion to dismiss, Defendants
shall notice the motion for hearing in accordance with the Civil Local Rules and this
Court's Standing Orders. This Order terminates Docket 54.
IT IS SO ORDERED.
SAUNDRA BROWN ARMSTRONG
United States District Judge
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