Cox v. Gruma Corporation

Filing 14

ORDER REGARDING STIPULATION AND PROPOSED ORDER REGARDING SCHEDULING by Judge Yvonne Gonzalez Rogers denying 11 Stipulation (fs, COURT STAFF) (Filed on 1/16/2013)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 ELIZABETH COX, as an individual and on behalf of all others similarly situated, Plaintiffs, 7 8 9 Case No.: 12-06502-YGR ORDER REGARDING STIPULATION AND PROPOSED ORDER REGARDING SCHEDULING (DKT. NO. 11) vs. GRUMA CORPORATION, 10 Defendant. 11 Northern District of California United States District Court 12 The Court has reviewed the parties’ stipulation at Dkt. No. 11. The Court DENIES the request 13 to schedule a hearing date on the pending motion for class certification but to otherwise suspend 14 briefing. If Plaintiff seeks sufficient time for discovery to support a motion for class certification, 15 Plaintiff shall withdraw the pending motion until she can prepare an adequate motion. 16 To the extent that Plaintiff still seeks to schedule a hearing date notwithstanding the 17 anticipated motion to dismiss, the parties shall meet and confer to propose a briefing schedule and 18 hearing date for class certification. The parties shall take into account: (i) the Defendant’s anticipated 19 motion to dismiss; (ii) the time needed for discovery; and (iii) providing the Court with at least three 20 weeks to consider all briefs prior to the class certification hearing. 21 This Order terminates Dkt. No. 11. 22 IT IS SO ORDERED. 23 24 Dated: January 16, 2013 25 _______________________________________ 26 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 27 28

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