Gilbert v. Bank of America, N.A. et al

Filing 248

ORDER REQUIRING SUR-REPLIES RE 226 Motion for Leave to File Fifth Amended Complaint and 227 Motion to Certify Class. Sur-Replies due by 1/25/2016. Signed by Judge Jeffrey S. White on January 19, 2016. (jswlc3, COURT STAFF) (Filed on 1/19/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SEAN L. GILBERT, et al.,

Case No. 13-cv-01171-JSW

Plaintiffs,
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ORDER REQUIRING SUR-REPLIES
FROM DEFENDANTS

v.
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MONEYMUTUAL, LLC, et al.,

Re: Docket No. 226

Defendants.

United States District Court
Northern District of California

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The parties are scheduled to appear on February 5, 2016 for a hearing on Plaintiffs’: (1)

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motion for leave to file a Fifth Amended Complaint; and (2) motion for class certification. One of

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the primary disputes in both motions relates to Plaintiffs’ request to add a new “main class” in

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addition to the three subclasses identified in the Fourth Amended Complaint (hereinafter the

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“Main Class”)
In each of their reply briefs, Plaintiffs clarify the scope of the Main Class and make clear

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that the Main Class will only seek relief on the claim for violations of California Deferred Deposit

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Transactions Law (“CDDTL Claim”). In light of these clarifications, the Court finds that sur-

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replies from the Defendants would assist the Court in resolving both motions. Accordingly, by no

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later than January 25, 2016, Defendants shall file sur-replies on each motion – limited specifically

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to the impact of the clarified definition of the Main Class and the fact that this class will only seek

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relief on the CDDTL claim.

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These sur-replies sh not exce seven (7) pages.
s
hall
eed
)

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IT IS SO ORDER
S
RED.

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Da
ated: January 19, 2016
y

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___________
__________
____
JE
EFFREY S. W
WHITE
Un
nited States D
District Judg
ge

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United States District Court
Northern District of California

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