Werdebaugh-v-Blue Diamond Growers

Filing 45

ORDER REGARDING HEARING DATE ON MOTION TO DISMISS AND ORDER REGARDING CLASS CERTIFICATION BRIEFING. See 42 .(lhklc1, COURT STAFF) (Filed on 6/24/2013)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 CHRIS WERDEBAUGH, individually and on behalf of all others similarly situated, 12 13 14 Plaintiff, v. BLUE DIAMOND GROWERS, Defendant. 15 ) ) ) ) ) ) ) ) ) ) Case No.: 12-CV-02724-LHK ORDER REGARDING HEARING DATE ON MOTION TO DISMISS AND ORDER REGARDING CLASS CERTIFICATION BRIEFING 16 On June 18, 2013, the parties filed a stipulation requesting that the briefing schedule for the 17 upcoming Motion for Class Certification be amended. ECF No. 42. This Court subsequently 18 ordered Defendant to file a notice stating whether it intended to file a Motion to Dismiss, as this 19 might affect the schedule of the Motion for Class Certification. ECF No. 43. On June 19, 2013, 20 Defendant stated that it intends to file a Motion to Dismiss. ECF No. 44. Accordingly, the Court 21 ORDERS as follows: 22 (1) Defendant’s Motion to Dismiss shall be heard on October 3, 2013, at 1:30 p.m. The 23 parties’ shall stipulate to a briefing schedule for the Motion to Dismiss, as long as 24 the Reply brief is filed by September 12, 2013. 25 (2) The August 29, 2013 hearing on the Motion for Class Certification and the parties’ 26 class certification briefing schedule are VACATED. 27 (3) The Case Management Conference scheduled for August 29, 2013 is ADVANCED to 28 1 Case No.: 12-CV-02724 ORDER REGARDING HEARING DATE ON MOTION TO DISMISS AND ORDER REGARDING CLASS CERTIFICATION BRIEFING 1 August 21, 2013 at 2:00 p.m. At the Case Management Conference, the parties 2 should be prepared to discuss a new date and briefing schedule for the Motion for 3 Class Certification as well as any other changes to the case schedule necessitated by 4 the new Class Certification date. 5 IT IS SO ORDERED. 6 Dated: June 24, 2013 7 _________________________________ LUCY H. KOH United States District Judge 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-02724 ORDER REGARDING HEARING DATE ON MOTION TO DISMISS AND ORDER REGARDING CLASS CERTIFICATION BRIEFING

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