PLAINTIFFS' MOTION FOR LEAVE TO FILE RESPONSE TO DEFENDANT'S STATEMENT OF RECENT DECISION

HAYWOOD S. GILLIAM, Jr., District Judge.

Pursuant to Civil Local Rule 7-3(d), Plaintiffs respectfully move the Court for an Order granting leave to file a two-page response to Defendant Dometic Corporation's ("Dometic") Statement of Recent Decision, containing a citation to and providing a copy of a summary judgment dismissal order in Varner et al. v. Dometic Corp., Civil Action No. 16-22482-Civ-Scola (S.D. Fla.) (the "Varner Order"). Plaintiffs contend the Varner Order—to the extent it is relevant at all to Dometic's pending Motion to Dismiss given that it is a Summary Judgment Order—supports denial of Defendant's pending motion to dismiss. In support of this Motion, Plaintiffs state as follows:

1. On July 8, 2016, Plaintiffs filed their First Amended Class Action Complaint ("Complaint") (Dkt. #38). On August 19, 2016, Dometic filed its Motion to Dismiss. After briefing on the Motion to Dismiss, the parties appeared before the Court on November 17, 2016, for oral argument. The Motion to Dismiss is currently under consideration by the Court.

2. On July 27, 2017, Judge Robert N. Scola, Jr. of the United States District Court for the Southern District of Florida entered an Order on the Defendant's Motion for Summary Judgment and the Plaintiffs' Motion for Class Certification ("Order") dismissing in its entirety the Varner Class Action against Dometic under Rule 56.

3. On August 2, 2017, the Court granted Defendant leave to file its Statement of Recent Decision, citing to and attaching a copy of the Varner Order.

4. Given that the Varner Order concerns the same allegedly defective gas absorption refrigerators as this case, Plaintiffs seek leave to file a two-page response to Defendant's Statement of Recent Decision, in order to provide the Court with notable distinctions between this action and the Varner action beyond the procedural distinction that the Varner Order was at the Rule 56 stage, following denial of a Rule 12 motion and discovery. Attached hereto as Exhibit A is Plaintiffs' proposed two-page response.

For the foregoing reasons, Plaintiffs respectfully request that the Court grant leave to file Plaintiffs' Response to Defendant's Statement of Recent Decision, attached hereto as Exhibit A, and grant such other relief as it deems appropriate.