Benedict v. Hewlett-Packard Company, 13-cv-00119-BLF. (2016)
Court: District Court, N.D. California
Number: infdco20160516767
Visitors: 9
Filed: May 13, 2016
Latest Update: May 13, 2016
Summary: ORDER RE STIPULATION REGARDING MODIFIED SCHEDULE FOR BRIEFING ON MOTION TO DECERTIFY FLSA COLLECTIVE ACTION [Re: ECF 410]. BETH LABSON FREEMAN , District Judge . The parties have stipulated that "Plaintiffs and Defendant will be able to use testimony obtained through the deposition of Ms. Holiday in support of their Opposition/Reply briefs, respectively." Because the parties' stipulation allows for the presence of new materials and possibly new arguments to appear in the Reply, the Court C
Summary: ORDER RE STIPULATION REGARDING MODIFIED SCHEDULE FOR BRIEFING ON MOTION TO DECERTIFY FLSA COLLECTIVE ACTION [Re: ECF 410]. BETH LABSON FREEMAN , District Judge . The parties have stipulated that "Plaintiffs and Defendant will be able to use testimony obtained through the deposition of Ms. Holiday in support of their Opposition/Reply briefs, respectively." Because the parties' stipulation allows for the presence of new materials and possibly new arguments to appear in the Reply, the Court CO..
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ORDER RE STIPULATION REGARDING MODIFIED SCHEDULE FOR BRIEFING ON MOTION TO DECERTIFY FLSA COLLECTIVE ACTION
[Re: ECF 410].
BETH LABSON FREEMAN, District Judge.
The parties have stipulated that "Plaintiffs and Defendant will be able to use testimony obtained through the deposition of Ms. Holiday in support of their Opposition/Reply briefs, respectively." Because the parties' stipulation allows for the presence of new materials and possibly new arguments to appear in the Reply, the Court CONSTRUES the stipulation as a waiver of any objections to reply evidence, see Civ. L.R. 7-3(d), or any request to file a Sur-Reply on the basis of new evidence or argument appearing in the Reply. With that in mind, the Court APPROVES the agreed briefing schedule.
IT IS SO ORDERED.
Source: Leagle
