Towle v. Cummins Pacific, LLC et al

Filing 42

ORDER Granting 40 Motion to Continue, as to 38 MOTION to Certify Class. Responses due by 9/3/2018. Replies due by 9/10/2018. Motion Hearing set for 9/17/2018 11:30 AM before Judge Larry Alan Burns. Signed by Judge Larry Alan Burns on 7/16/2018. (jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JUAN TOWLE, on behalf of himself and all
other aggrieved non-exempt employees,

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Plaintiff,

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CASE NO. 18cv83-LAB (JLB)
ORDER GRANTING CONTINUANCE

vs.
CUMMINS PACIFIC, LLC, et al.,

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Defendants.

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Cummins Pacific asks to continue the hearing date on Juan Towle’s motion for class

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certification set for August 6, 2018. Pacific says it needs more time for depositions, rebutting

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expert opinions, and it’s only fair since the Court granted Towle a six-week continuance to

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file his motion. Towle didn’t offer any compelling reasons why an extension would unfairly

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prejudice him. Pacific’s shown good cause. The continuance is granted. Fed. R. Civ. P. 6(b).

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The hearing is moved to the next available date: September 17, 2018 at 11:30 am.

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The opposition is due September 3, and the reply is due September 10. Towle’s opposition

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also asked for more time to depose Pacific’s experts, but didn’t explain who he wanted to

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depose, or why he needed more time. The Court doesn’t foresee a problem with that request

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as long as it doesn’t affect the new briefing schedule. Towle should confer with Pacific and

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attempt to resolve the issue informally. If Pacific disagrees, then he should file a motion

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explaining his specific request in greater detail.

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IT IS SO ORDERED.
Dated: July 16, 2018
HONORABLE LARRY ALAN BURNS
United States District Judge