Ramirez et al v. Milgard Manufacturing Inc.

Filing 119

ORDER by Judge Whyte granting 115 Motion for Extension of Time to File Response/Reply. Replies due by 7/10/2009. Sur-replies due by 7/17/2009. Hearing on motions continued to 8/28/2009. (rmwlc2, COURT STAFF) (Filed on 7/1/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSE FERNANDO RAMIREZ, EVARADO MONTEJANO, and SERGIO JACOBO, on behalf of a class of similarly situated employees, Plaintiffs, v. MILGARD MANUFACTURING, Defendants. No. C-07-02408 RMW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on 07/01/09

ORDER GRANTING MOTION TO CHANGE TIME [Re Docket No. 115]

Plaintiffs' motions for class certification and for certification of subclasses 1 through 4, and defendant's motion to deny class certification are presently set for hearing on July 17, 2009. On June 30, 2009, plaintiffs moved to change the time required to file their reply in light of the Supreme Court of California's decision in Arias v. S.C. Dairy (Case No. S155965), which plaintiffs contend implicates the class certification motions currently being briefed. Plaintiffs request that they be permitted to file their replies, which are presently due on Friday, July 3, on Tuesday, July 7, 2009. Defendant Milgard Manufacturing ("Milgard") opposes the motion, arguing that plaintiffs should not be permitted to raise new arguments in their reply and that plaintiffs' scheduling difficulties are in part of their own making. Milgard states, however, that Arias "addresses new matters that cannot be appropriately dealt with at the reply brief stage." Def.'s Opp. to Mot. to
ORDER GRANTING MOTION TO CHANGE TIME--No. C-07-02408 RMW JAS

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Change Time 2. Milgard requests, in the alternative, an opportunity to file a sur-reply on the Arias issue. Because there appears to be some agreement between the parties that Arias raises new issues, the court grants plaintiffs' request to change time, and will allow Milgard to file a sur-reply. Unless the parties agree otherwise, plaintiffs shall file their replies by July 10, 2009 and Milgard shall file any sur-replies, limited to Arias-related issues raised in the reply, by July 17, 2009. The hearing on the three class-certification motions is hereby continued to August 28, 2009, which is the court's next available hearing date.

DATED:

07/01/09

RONALD M. WHYTE United States District Judge

ORDER GRANTING MOTION TO CHANGE TIME--No. C-07-02408 RMW JAS 2

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Notice of this document has been electronically sent to: Counsel for Plaintiff: Stanley Scott Mallison Hector R. Martinez Marco A Palau Counsel for Defendants: Stephen Crane Tedesco [e-mail] [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

07/01/09

JAS Chambers of Judge Whyte

ORDER GRANTING MOTION TO CHANGE TIME--No. C-07-02408 RMW JAS 3