Shah v. Rocket Fuel Inc. et al

Filing 193

ORDER by Judge Phyllis J. Hamilton denying 181 Administrative Motion for Leave to File Surreply; granting 187 Administrative Motion to Stay Class Certification Briefing Schedule. (pjhlc2S, COURT STAFF) (Filed on 12/28/2016)

Download PDF
1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 Case No. 14-cv-03998-PJH 5 6 7 8 In re ROCKET FUEL SECURITIES LITIGATION ORDER DENYING MOTION FOR LEAVE TO FILE SURREPLY AND GRANTING MOTION TO STAY CLASS CERTIFICATION BRIEFING SCHEDULE Re: Dkt. Nos. 181, 187 9 10 United States District Court Northern District of California 11 Before the court are (1) defendants’ administrative motion for leave to file a 12 surreply brief in opposition to plaintiffs’ motion for class certification, and (2) plaintiffs’ 13 administrative motion to stay the class certification briefing schedule. Dkt. 181, 187. 14 Having read the papers filed by the parties and carefully considered their arguments and 15 the relevant legal authority, and good cause appearing, the court hereby rules as follows. 16 Regarding the first motion, the court DENIES defendants leave to file a surreply 17 brief on class certification at this time. The request is premature because plaintiffs have 18 not yet filed a reply brief in support of class certification. At this stage, defendants’ 19 presumption that plaintiffs’ reply brief will rely upon new arguments and evidence is 20 speculative. This denial is without prejudice to defendants seeking leave to file a surreply 21 brief in the future, if and when a reply brief has been filed. At that time, the court will be 22 able to evaluate whether a surreply brief is necessary or justified. 23 Regarding the second motion, the court will GRANT lead plaintiffs’ request to stay 24 the class certification briefing schedule in light of their recently-filed motion for leave to 25 amend their complaint. See Dkt. 186. The court finds that good cause exists to stay the 26 briefing schedule because of the danger of wasted resources by the parties and the court 27 in briefing and hearing a class certification motion that may be mooted or withdrawn, 28 depending upon the resolution of the motion for leave to amend. 1 Accordingly, the court hereby STAYS the class certification briefing schedule 2 pending resolution of the motion for leave to amend. In particular, the court VACATES 3 the February 1, 2017 deadline for plaintiffs’ reply brief in support of class certification and 4 the March 1, 2017 hearing date for the certification motion. If necessary, the court will set 5 a new deadline for the reply brief and hearing date following resolution of the motion for 6 leave to amend. 7 IT IS SO ORDERED. 8 Dated: December 28, 2016 9 10 United States District Court Northern District of California 11 __________________________________ PHYLLIS J. HAMILTON United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?