Filed: Aug. 28, 2018
Latest Update: Aug. 28, 2018
Summary: JOINT STIPULATION AND ORDER REGARDING MOTION BRIEFING SCHEDULE MARSHA J. PECHMAN , District Judge . Pursuant to Local Civil Rules 7(d)(1) and 10(g), plaintiffs and defendants hereby stipulate and jointly move the Court for an Order setting the filing schedule for plaintiffs second amended complaint, plaintiffs' pending class certification motion, and defendants' planned dismissal motion. Currently defendants' response to plaintiffs' first Amended Complaint (Dkt. # 8) is due the last week o
Summary: JOINT STIPULATION AND ORDER REGARDING MOTION BRIEFING SCHEDULE MARSHA J. PECHMAN , District Judge . Pursuant to Local Civil Rules 7(d)(1) and 10(g), plaintiffs and defendants hereby stipulate and jointly move the Court for an Order setting the filing schedule for plaintiffs second amended complaint, plaintiffs' pending class certification motion, and defendants' planned dismissal motion. Currently defendants' response to plaintiffs' first Amended Complaint (Dkt. # 8) is due the last week of..
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JOINT STIPULATION AND ORDER REGARDING MOTION BRIEFING SCHEDULE
MARSHA J. PECHMAN, District Judge.
Pursuant to Local Civil Rules 7(d)(1) and 10(g), plaintiffs and defendants hereby stipulate and jointly move the Court for an Order setting the filing schedule for plaintiffs second amended complaint, plaintiffs' pending class certification motion, and defendants' planned dismissal motion.
Currently defendants' response to plaintiffs' first Amended Complaint (Dkt. # 8) is due the last week of August and their response to plaintiffs' Motion for Class Certification (Dkt. # 11) is due August 20. After consultation between the parties' counsel, plaintiffs agreed to file an amended complaint that no longer pursues this suit's family separation claims (but does pursue CFI and bond hearing claims) and defendants stipulated to said amendment. Counsel also agreed to a briefing schedule for plaintiffs' pending class certification motion and defendants' planned dismissal motion. To avoid unnecessary duplication in briefing, the parties stipulate and agree to the entry of an Order that sets the following schedule:
1. Plaintiffs' second amended complaint will be filed August 22. Defendants' motion to dismiss will be due September 5 and noted for September 28. Plaintiffs' response to the motion to dismiss will be due September 24 and defendants' reply will be due September 28.
2. Plaintiffs renoted their Motion for Class Certification (Dkt. # 11) to September 28. By agreement between the parties, defendants' response is due September 17, and plaintiffs' reply is due September 28.
The reason for this stipulation is to avoid unnecessary duplication in the briefing schedule. The parties anticipate that the class certification and dismissal motions may have issues in common, and believe it is appropriate have those two motions considered at the same time. Additionally, having both motions noted for the same day will help consolidate any oral argument for the Court (if oral argument is granted), and simplify the Court's review of these two motions.
ORDER
Based on the foregoing stipulation of the parties, IT IS SO ORDERED. After filing of the Second Amended Complaint on August 22, 2018, defendants' motion to dismiss will be due September 5 and noted for September 28. Plaintiffs' response to the motion to dismiss will be due September 24, and defendants' reply will be due September 28. Defendants' response to plaintiffs' pending renoted Motion for Class Certification (Dkt. # 11) is due September 17, and plaintiffs' reply is due September 28.
