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Benedict v. Hewlett-Packard Company, 13-cv-00119-BLF. (2016)

Court: District Court, N.D. California Number: infdco20160516767 Visitors: 4
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
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ORDER RE STIPULATION REGARDING MODIFIED SCHEDULE FOR BRIEFING ON MOTION TO DECERTIFY FLSA COLLECTIVE ACTION

[Re: ECF 410].

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

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