Mark Dix et al v. Nova Benefit Plans LLC et al
| Mark Dix, Pamela Dix and SCI Inc |
| Wayne H. Bursey, Edwards Wildman Palmer LLP, Nova Benefit Plans LLC and Sickness Accident Disability Indemnity Plan & Trust |
| 2:2014cv08678 |
| November 7, 2014 |
| US District Court for the Central District of California |
| Frederick F. Mumm |
| Andre Birotte |
| Racketeer/Corrupt Organization |
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Filing
34
(IN CHAMBERS) ORDER TO SHOW CAUSE why the Court should not Strike Plaintiff's Class Action Allegations for Failure to Comply with Local Rule 23-3 by Judge Andre Birotte Jr. It appearing to the Court that Plaintiffs failed to comply with the mand atory filing deadline set forth in Civil Local Rule 23-3, Plaintiffs are ORDERED TO SHOW CAUSE no later than April 22, 2015 why the Court should not strike Plaintiffs' class action allegations pursuant to Federal Rule of Civil Procedure 12(f) (1) as immaterial in light of Plaintiffs' failure to timely move for class certification or to timely seek an extension of time to file for class certification. Defendants may reply to Plaintiffs' response to the order to show cause no later than April 29, 2015. Neither Plaintiffs response nor Defendants' reply shall exceed 10 pages in length. Pursuant to Federal Rule of Civil Procedure 78(b) and Local Rule 7-15, the Court finds this matter appropriate for determination with out oral argument, and the matter will stand submitted upon receipt of Defendants' reply or lapse of time to file a reply. Because the question of class certification significantly impacts the appropriate schedule in this matter, the Court CONTINUES the scheduling conference previously scheduled for April 27, 2015 to May 11, 2015. IT IS SO ORDERED. (jloz)
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