Filed: Sep. 14, 2017
Latest Update: Sep. 14, 2017
Summary: STIPULATION AND ORDER RE BRIEFING OF MOTION TO DISMISS SECOND AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE EDWARD M. CHEN , District Judge . WHEREAS, the Court, on August 1, 2017, issued an Order granting the motion of defendant General Motors, LLC ("GM") to dismiss plaintiffs' First Amended Class Action Complaint, with leave to amend (Dkt. No. 62); WHEREAS, plaintiffs, on August 31, 2017, filed their Second Amended Class Action Complaint (Dkt. No. 67); WHEREAS, GM's response to th
Summary: STIPULATION AND ORDER RE BRIEFING OF MOTION TO DISMISS SECOND AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE EDWARD M. CHEN , District Judge . WHEREAS, the Court, on August 1, 2017, issued an Order granting the motion of defendant General Motors, LLC ("GM") to dismiss plaintiffs' First Amended Class Action Complaint, with leave to amend (Dkt. No. 62); WHEREAS, plaintiffs, on August 31, 2017, filed their Second Amended Class Action Complaint (Dkt. No. 67); WHEREAS, GM's response to the..
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STIPULATION AND ORDER RE BRIEFING OF MOTION TO DISMISS SECOND AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE
EDWARD M. CHEN, District Judge.
WHEREAS, the Court, on August 1, 2017, issued an Order granting the motion of defendant General Motors, LLC ("GM") to dismiss plaintiffs' First Amended Class Action Complaint, with leave to amend (Dkt. No. 62);
WHEREAS, plaintiffs, on August 31, 2017, filed their Second Amended Class Action Complaint (Dkt. No. 67);
WHEREAS, GM's response to the Second Amended Complaint presently is due on September 14, 2017 pursuant to Rule 15(a)(3);
WHEREAS, the 231-page, 1,753-paragraph Second Amended Complaint includes seven new plaintiffs, two new states, and 113 separate causes of action (not including claims for breach of express warranty that plaintiffs have included "strictly to preserve them for purposes of appeal," see SAC p. 59 n. 40);
WHEREAS, GM intends to move under Rule 12 to dismiss the Second Amended Complaint and has requested additional time to prepare the Motion;
WHEREAS, plaintiffs anticipate the need for additional time to prepare an Opposition to the motion;
WHEREAS, the parties have agreed, subject to the Court's approval, upon the following:
1. GM shall have until October 10, 2017 to file its Motion to dismiss the Second Amended Complaint;
2. Plaintiffs shall have until November 15, 2017 to file their response in Opposition to GM's Motion;
3. GM shall have until November 30, 2017 to file any Reply in further support of its Motion;
4. The hearing on GM's Motion shall be set on any later date that is convenient for the Court; December 14, 2017 at 1:30 p.m.
5. The following page limits shall apply to the briefing of GM's Motion:
Motion: thirty-five (35) pages [GM intends to try to limit its Motion to 25 pages]
Opposition: thirty-five (35) pages
Reply: twenty (20) pages if plaintiffs' Opposition exceeds 25 pages, and fifteen (15) pages if plaintiffs' Opposition does not exceed 25 pages
WHEREAS, the Court has set a Case Management Conference for September 21, 2017;
WHEREAS, the parties believe that it would serve both judicial economy and the parties' interest in conserving their legal resources to continue the Case Management Conference until after the Court's ruling on GM's Motion,
IT IS HEREBY STIPULATED, by and between plaintiffs and GM, by and through their undersigned counsel, that the Court may enter its order as follows:
1. The parties' agreements on briefing schedule and page limits set forth above are approved.
2. CMC reset for 12/14/17 at 1:30 p.m. A joint CMC statement shall be filed by 12/7/17.
PURSUANT TO STIPULATION, IT IS SO ORDERED, (as revised above and on p. 2)
IT IS SO ORDERED AS MODIFIED.
