Kim v. A Place For Mom, Inc.

Filing 75

MINUTE ORDER denying defendant's 74 Motion to Strike Plaintiff's Response to Notice of Supplemental Authority; RENOTING defendant's 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Noting Date 6/15/2018. Oral Argument is SET for 6/27/2018 at 10:00am. Authorized by Judge Thomas S. Zilly. (SWT)

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1 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 3 4 5 KEVIN PINE, individually and on behalf of all others similarly situated, 6 7 8 Plaintiff, v. 11 MINUTE ORDER A PLACE FOR MOM, INC., Defendant. 9 10 C17-1826 TSZ The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: (1) Defendant’s motion, docket no. 74, to strike plaintiff’s response, docket 12 no. 73, to defendant’s notice of supplemental authority, docket no. 72, is DENIED. 13 (2) Defendant’s motion to dismiss, docket no. 50, is RENOTED to June 15, 2018. On or before June 8, 2018, the parties shall file supplemental briefs, not to exceed 14 ten (10) pages in length, concerning the effect, if any, of ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018), and subsequent decisions, in particular, Herrick v. GoDaddy.com LLC, 15 2018 WL 2229131 (D. Ariz. 2018); Reyes v. BCA Fin. Servs., Inc., --- F. Supp. 3d ---, 2018 WL 2220417 (S.D. Fla. May 14, 2018); and Marshall v. CBE Group, Inc., 2018 16 WL 1567852 (D. Nev. Mar. 30, 2018). Any responsive supplemental briefs shall not exceed eight (8) pages in length and shall be filed by the new noting date. 17 (3) Oral argument is SET for June 27, 2018, at 10:00 a.m. 18 (4) The Clerk is directed to send a copy of this Minute Order to all counsel of 19 record. 20 Dated this 18th day of May, 2018. 21 William M. McCool Clerk 22 s/Karen Dews Deputy Clerk 23 MINUTE ORDER - 1

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