Rooney v. Sierra Pacific Windows

Filing 52

ORDER re 51 Denying Request to Continue Hearing on Motion for Evidentiary Sanctions and Related Briefing. Signed by Judge Koh on 5/26/2011. (lhklc3, COURT STAFF) (Filed on 5/26/2011)

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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 DENYING REQUEST TO
CONTINUE HEARING ON MOTION
FOR EVIDENTIARY SANCTIONS
(re: dkt. #51)

On May 26, 2011, the parties filed a stipulation requesting that the Court continue the

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currently scheduled June 2, 2011 hearing on Plaintiff’s motion for sanctions because Plaintiff’s

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lead counsel will be on a pre-paid, non-refundable vacation to Michigan during the week of May

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28 - June 3. Although sympathetic to the parties’ request, the Court does not find that a

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continuance is warranted in light of the Court’s calendar, the pending deadlines for class

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certification, and the class certification hearing on July 21, 2011. Moreover, there are two other

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attorneys listed as counsel for Plaintiff that may appear at the June 2, 2011 hearing.

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Accordingly, the deadlines set in the Court’s May 19, 2011 Order [dkt. #50] remain as

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follows: the opposition to the sanctions motion is due by May 26, 2011, the reply is due by May

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31, 2011, and the hearing on the sanctions motion will be on June 2, 2011 at 1:30 p.m. If possible,

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Case No.: 10-CV-00905-LHK
ORDER DENYING REQUEST TO CONTINUE HEARING ON MOTION FOR EVIDENTIARY SANCTIONS

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the Court will rule on the sanctions motion on the papers in advance of the hearing, and vacate the

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June 2, 2011 hearing.

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The deadline to file the class certification motion, as well as any motion challenging subject

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matter jurisdiction under CAFA, remains June 9, 2011, with the opposition due by June 23, 2011,

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and the reply due by June 30, 2011. The hearing on these motions remains as set on July 21, 2011

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at 1:30 p.m.

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IT IS SO ORDERED.

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Dated: May 26, 2011

_________________________________
LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 10-CV-00905-LHK
ORDER DENYING REQUEST TO CONTINUE HEARING ON MOTION FOR EVIDENTIARY SANCTIONS