Rooney v. Sierra Pacific Windows

Filing 50

ORDER Granting in Part 46 MOTION to Shorten Time. Motion Hearing set for 6/2/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Lucy H. Koh. Signed by Judge Koh on 5/19/2011. (lhklc1, COURT STAFF) (Filed on 5/19/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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MARTIN F. ROONEY, individually and
on behalf of all others similarly situated,

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Plaintiff,
v.
SIERRA PACIFIC WINDOWS, a division
of SIERRA PACIFIC INDUSTRIES, a
California corporation,
Defendants.

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Case No.: 10-CV-00905-LHK
ORDER GRANTING IN PART MOTION
TO SHORTEN TIME

On May 13, 2011, Plaintiff Martin Rooney filed a motion for sanctions in which he seeks to

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preclude Defendant Sierra Pacific Windows from introducing certain evidence at trial or in

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connection with any motion, including any opposition to Plaintiff’s motion for class certification.

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Plaintiff’s motion for sanctions is currently set for hearing on June 16, 2011. On May 17, 2011,

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Plaintiff filed a motion to shorten time on the motion for sanctions. Plaintiff argues that he will be

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prejudiced if the motion for sanction is not resolved before June 2, 2011, when Plaintiff’s opening

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class certification brief is due. Defendant opposes the motion to shorten time on two grounds.

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First, Defendant argues that preparing an opposition to the motion for sanctions will take

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significant time and that, given the nature of the penalties requested, it should be afforded a full

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and fair opportunity to oppose. Second, Defendant argues that the relief Plaintiff seeks affects only

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Case No.: 10-CV-00905-LHK
ORDER GRANTING IN PART MOTION TO SHORTEN TIME

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Defendant’s opposition to the class certification motion, which is due on June 23, 2011, after the

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current hearing date for the sanctions motion.

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The Court finds merit in the arguments of both parties. On the one hand, the Court agrees

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that it would be preferable to resolve the issue of sanctions before Plaintiff’s opening class

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certification brief is due. On the other hand, the Court agrees that Defendant should be provided a

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full and fair opportunity to brief the motion for sanctions. In light of these concerns the Court

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orders as follows:

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United States District Court
For the Northern District of California

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(1) The Court will hold a hearing on the motion for sanctions on June 2, 2011 at 1:30 p.m.
Defendant’s opposition will be due Thursday, May 26, 2011. Plaintiff’s reply will be due
Tuesday, May 31, 2011.
(2) The deadline to file a motion for class certification, as well as any motion challenging

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subject matter jurisdiction under CAFA, is extended to June 9, 2011. Briefing of the

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motions will remain as previously set, with opposition briefs due June 23, 2011, and replies

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due June 30, 2011. The hearing on these motions will be held as scheduled on July 21,

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2011 at 1:30 p.m.

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IT IS SO ORDERED.

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Dated: May 19, 2011

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 10-CV-00905-LHK
ORDER GRANTING IN PART MOTION TO SHORTEN TIME