Hernandez et al v. County of Monterey et al

Filing 367

ORDER DENYING MOTION TO CONTINUE AND GRANTING LEAVE TO FILE A SUR-REPLY by Magistrate Judge Paul Singh Grewal granting-in-part and denying-in-part 362 . (psglc1S, COURT STAFF) (Filed on 10/24/2014)

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JESSE HERNANDEZ et al.,

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Plaintiff,
v.

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COUNTY OF MONTEREY, et al.,

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Defendants.

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Case No.: 5:13-cv-2354-PSG
ORDER DENYING MOTION TO
CONTINUE AND GRANTING LEAVE
TO FILE A SUR-REPLY
(Re: Docket No. 362)

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The Federal Rules of Civil Procedure require that in a class action “at an early practicable

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time after a person sues . . . the court must determine by order whether to certify the action as a

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class action.”1 Alleging new issues and evidence in Plaintiffs’ reply briefs, Defendants seek to

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continue the hearing on Plaintiffs’ motion for class certification until November 19.2 Plaintiffs

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more persuasively argue that there should be no more delay because the reply rebuts arguments and

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Fed. R. Civ. P. 23(c)(1)(A).

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2

See Docket Nos. 362, 363.

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Case No.: 5:13-cv-2354-PSG
ORDER DENYING MOTION TO CONTINUE AND GRANTING LEAVE TO FILE SURREPLIES

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evidence that defendants first present in their oppositions.3 The motion for class certification has

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been pending for nearly six months, and Defendants have already successfully requested delaying

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the hearing three times.4 Defendants’ motion to continue is DENIED.

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The court agrees with the parties that Defendants should be granted leave to file a sur-reply.
Defendants must file any sur-reply no later than 3:00 p.m. on October 28, 2014.

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SO ORDERED.
Dated: October 24, 2014
_________________________________
PAUL S. GREWAL
United States Magistrate Judge

United States District Court
For the Northern District of California

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See Docket No. 365 at 2-4.

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4

See id. at 1, 5; Docket Nos. 61, 76, 100, 115.

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Case No.: 5:13-cv-2354-PSG
ORDER DENYING MOTION TO CONTINUE AND GRANTING LEAVE TO FILE SURREPLIES