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Uelian De Abadia-Peixoto, et al v. I

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


September 12, 2011

UELIAN DE ABADIA-PEIXOTO, ET AL.,
PLAINTIFFS,
v.
I U.S. DEPARTMENT OF HOMELAND SECURITY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Richard Seeborg United States District Judge

**E-filed 9/12/11**

ORDER RE SCHEDULING

Prior to the reassignment of this matter, defendants filed a motion seeking to continue 20 plaintiff's motion for class certification, and their obligation to file an opposition thereto, until after 21 they have answered, or until any motion to dismiss has been decided, whichever later occurs. Upon 22 reassignment, the hearing date on the motion for class certification was vacated, and plaintiffs are 23 obligated to re-notice the motion, but the briefing schedule arguably remains unchanged, by virtue 24 of Civil Local Rule 7. Plaintiffs have adequately shown that the particular circumstances of this 25 case warrant hearing the class certification motion as early as practicable, whether or not a motion to 26 dismiss is pending. Accordingly, the parties are hereby ordered to engage in further meet and confer 27 negotiations to attempt to agree on a briefing schedule for both the motion for class certification and 28 for any motion to dismiss, with a joint hearing to be held no later than November 17, 2011. If the parties are unable to reach agreement, plaintiffs may renotice their class certification motion for any 2 available Thursday in November of 2011, and the briefing schedule will be calculated from the date 3 of the re-notice.

For the Northern District of California

20110912

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