UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
July 20, 2011
JAMES BRADY, SARAH CAVANAGH, AND
IVA CHIU, INDIVIDUAL AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
DELOITTE & TOUCHE LLP, A LIMITED LIABILITY PARTNERSHIP; AND DOES 1-10, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Judge: The Hon. Susan Illston
Complaint filed: February 8, 2008
Trial Date: None Set
[PROPOSED] SCHEDULING ORDER FOR DELOITTE & TOUCHE LLP'S DECERTIFICATION MOTION
regarding the impact of Campbell v. PricewaterhouseCoopers, LLP, Case No. 09-163702011
U.S. App. LEXIS 12062 (9th Cir. 2011) on the cross-motions for summary judgment and 4 adjudication previously filed by the parties; and proposed a sequence of briefing beginning with a motion for decertification in light of Walmart v.
Whereas, the parties agreed that any further summary judgment briefing should be held in abeyance until the decertification issue is resolved; and prior to the summary judgment motions, the parties have agreed that: 1) all submissions will be 12 based only on the present factual record before the Court (prior motion for certification and 13 pending motions for summary judgment and summary adjudication); 2) Plaintiffs may be 14 permitted to file a 5 page sur-reply on the decertification motion; and 3) the briefing schedule 15 shall be slightly modified as follows: three weeks to oppose, two weeks to reply, seven days for a 16 sur-reply,
Whereas, on June 21, 2011, this Court directed the parties to file a joint statement
Whereas, the parties filed a joint statement with the Court on July 6, 2011, in which they
Dukes, No. 10-277, 2011 U.S. LEXIS 4567 (June 20, 2011) and Campbell; and Whereas, to the extent that the Court decides to hear Defendant's decertification motion
IT IS HEREBY ORDERED that the following briefing deadlines be set with regard to Deloitte & Touche LLP's Motion for Decertification: thereafter that is acceptable to the Court. judgment motions be postponed until after decertification is resolved.
Defendant shall file its decertification motion no later than: July 21, 2011
Plaintiffs' opposition will be due by: August 11, 2011
Defendant's reply will be due by: August 25, 2011
Plaintiffs' sur-reply will be due by: September 1, 2011
Hearing: September 16, 2011 or another date (with the exception of September 23, 2011)
IT IS FURTHER ORDERED that any briefing and hearing on the parties' summary
HONORABLE SUSAN ILLSTON District Judge of the Northern District of California
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