Papasan et al v. Dometic Corporation et al

Filing 77

ORDER by Judge Haywood S. Gilliam, Jr. Denying 76 Motion for Leave to File Response to Defendant's Statement of Recent Decision. (ndrS, COURT STAFF) (Filed on 8/4/2017)

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Jeff D. Friedman (Cal. Bar No. 173886)
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Steve W. Berman (pro hac vice)
Thomas E. Loeser (Cal. Bar No. 202724)
Ashley Bede (pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Terrence A. Beard (Cal. Bar No. 98013)
LAW OFFICES OF TERRENCE A. BEARD
525 Marina Blvd.
Pittsburg, CA 94565
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Counsel for Plaintiffs and Proposed Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CATHERINE PAPASAN, NELSON GOEHLE,
ANDREW YOUNG, JIMMY BYERS,
CHRISTOPHER JOHNSTON, and all persons
similarly situated,

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Plaintiffs,
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v.
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DOMETIC CORPORATION, a Delaware
Corporation,

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Defendant.

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010520-11 976390 V1

No. 4:16-cv-02117-HSG
PLAINTIFFS’ MOTION FOR LEAVE
TO FILE RESPONSE TO
DEFENDANT’S STATEMENT OF
RECENT DECISION

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Pursuant to Civil Local Rule 7-3(d), Plaintiffs respectfully move the Court for an Order

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granting leave to file a two-page response to Defendant Dometic Corporation’s (“Dometic”)

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Statement of Recent Decision, containing a citation to and providing a copy of a summary judgment

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dismissal order in Varner et al. v. Dometic Corp., Civil Action No. 16-22482-Civ-Scola (S.D. Fla.)

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(the “Varner Order”). Plaintiffs contend the Varner Order—to the extent it is relevant at all to

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Dometic’s pending Motion to Dismiss given that it is a Summary Judgment Order—supports denial

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of Defendant’s pending motion to dismiss. In support of this Motion, Plaintiffs state as follows:

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1.

On July 8, 2016, Plaintiffs filed their First Amended Class Action Complaint

(“Complaint”) (Dkt. #38). On August 19, 2016, Dometic filed its Motion to Dismiss. After briefing

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on the Motion to Dismiss, the parties appeared before the Court on November 17, 2016, for oral

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argument. The Motion to Dismiss is currently under consideration by the Court.

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2.

On July 27, 2017, Judge Robert N. Scola, Jr. of the United States District

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Court for the Southern District of Florida entered an Order on the Defendant’s Motion for Summary

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Judgment and the Plaintiffs’ Motion for Class Certification (“Order”) dismissing in its entirety the

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Varner Class Action against Dometic under Rule 56.

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3.

On August 2, 2017, the Court granted Defendant leave to file its Statement of

Recent Decision, citing to and attaching a copy of the Varner Order.
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Given that the Varner Order concerns the same allegedly defective gas

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absorption refrigerators as this case, Plaintiffs seek leave to file a two-page response to Defendant’s

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Statement of Recent Decision, in order to provide the Court with notable distinctions between this

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action and the Varner action beyond the procedural distinction that the Varner Order was at the Rule

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56 stage, following denial of a Rule 12 motion and discovery. Attached hereto as Exhibit A is

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Plaintiffs’ proposed two-page response.

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PLTFS’ MOT. FOR LEAVE TO FILE RESPONSE
TO DEF.’S STATEMENT OF RECENT DECISION - 1
Case No.: 3:16-cv-02117-HSG

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For the foregoing reasons, Plaintiffs respectfully request that the Court grant leave to file

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Plaintiffs’ Response to Defendant’s Statement of Recent Decision, attached hereto as Exhibit A, and

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grant such other relief as it deems appropriate.

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DATED: August 4, 2017

HAGENS BERMAN SOBOL SHAPIRO LLP

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By /s/ Steve W. Berman
Steve W. Berman (pro hac vice)
Thomas E. Loeser (CSBA No. 202724)
Ashley A. Bede (pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Jeff D. Friedman (CSBA No. 173886)
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Terrence A. Beard (CSBA No. 98013)
LAW OFFICES OF TERRENCE A. BEARD
525 Marina Blvd.
Pittsburg, CA 94565
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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DATED: 8/4/2017

UNIT
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PLTFS’ MOT. FOR LEAVE TO FILE RESPONSE
TO DEF.’S STATEMENT OF RECENT DECISION - 2
Case No.: 3:16-cv-02117-HSG

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