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)

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in briefing and hearing a class certification motion that may be mooted or withdrawn,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