Rittmann et al v. Amazon.com Inc et al
| Bernadean Rittmann, Freddie Carroll and Julia Wehmeyer |
| Amazon.com Inc and Amazon Logistics Inc |
| 2:2016cv01554 |
| October 4, 2016 |
| U.S. District Court for the Western District of Washington |
| Seattle Office |
| King |
| John C Coughenour |
| Labor: Fair Standards |
| 15 U.S.C. ยง 5 (a) Fair Labor Standards Act |
| None |
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Filing
432
ORDER granting Parties' 430 Joint Stipulated Motion to Stay Proceedings Pending Completion of Mediation. All existing case deadlines, including those related to the issuance of notice to the FLSA collective, Plaintiffs' forthcoming motion for class certification, Defendants' forthcoming renewed motion to compel arbitration, and Plaintiffs' pending Motion to Remedy and Sanction Defendants' Ex Parte Communications (ECF 424 ) are vacated. All proceedings in this action a re stayed pending completion of the mediation to be set by the Parties. Within 90 days of today's date, or fourteen days of the conclusion of mediation, whichever comes first, the Parties will file a joint report advising the Court on the status of the case and how they suggest the case should proceed. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
423
ORDER. Defendants' motion to dismiss Plaintiffs for failure to comply with the Court's discovery order (Dkt. No. 408 ) is GRANTED in part and DENIED in part. Plaintiffs Ronquillo and Alvarez are DISMISSED with prejudice. The nine remaining Plaintiffs are not but remain subject to the Court's prior discovery order (Dkt. No. 395 ). Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
422
ORDER re Parties' 407 Joint Report. The Court hereby APPROVES the form of notice attached hereto as Exhibit 1. In addition, the Court APPROVES the third-party administrator jointly proposed by the parties. Signed by U.S. District Judge John C. Coughenour. (Attachments: # 1 Exhibit 1) (KRA)
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Filing
419
ORDER granting Parties' 418 Stipulated Motion re Dismissal of Plaintiff Craig Adams with Prejudice. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
417
ORDER granting Parties' 416 Stipulated Motion re Extension of Deadlines Related to the Issuance of Notice to the FLSA Collective, The Class Certification Motion, and the Renewed Motion to Compel Arbitration. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
406
ORDER denying Defendants' 391 Motion to Certify Order for Interlocutory Appeal Under 28 U.S.C. § 1292(b). The motion for certification for interlocutory appeal (Dkt. No. 391 ) is DENIED. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
405
ORDER granting Proposed Intervenors' 400 Motion to Withdraw as Counsel. The Motion to Withdraw as Counsel is GRANTED. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
404
ORDER granting Parties' 403 Stipulated Motion. The Court dismisses Plaintiffs Raef Lawson, Adriana Ponce, Cinthia Yarleque, Julie Wehmeyer, and Lisa Evanoff from this action with prejudice. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
395
ORDER. Defendants' motion to compel discovery (Dkt. No. 348 ) is GRANTED in part. Within 30 days of this order, Plaintiffs Adams, Adamson, Alvarez, Brown, Carroll, Diaz, Garadis, Hoyt, Keller, Lawson, Ponce, Puentes, Ronquillo, Wehmeyer, Wilkin s, and Yarleque are ORDERED to provide the documents and responses detailed above to the extent they have not already and as they relate to remaining claims. Defendants' motion to dismiss certain Plaintiffs with prejudice and compel depositions (Dkt. No. 379 ) is GRANTED. Opt-in Plaintiffs Jillian Pearce, Jonathan Kaminsky, Marco Wynn, and Max Kogan are DISMISSED with prejudice for failure to comply with the Court's discovery order. Plaintiff Sancak Davarci is also DISMISSED with prej udice for failure to attend his properly noticed deposition. The Court ORDERS Plaintiffs Raef Lawson, Adriana Ponce, Cinthia Yarleque, Julia Wehmeyer, and Lisa Evanoff to sit for a deposition by 1/17/2025, or else face dismissal under Rule 37(d)(1)(A)(i). Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
393
ORDER granting Parties' 392 Stipulated Motion re Extension of Time for Issuance of FLSA Notice, Motion for Class Certification, and Renewed Motion to Compel Arbitration. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
381
ORDER. Plaintiffs' motion for conditional certification (Dkt. No. 341 ) is GRANTED as to all individuals who worked as Amazon Flex delivery drivers on or after 10/27/2013 who are not already represented by counsel on misclassification and relat ed wage and overtime claims. The Court DENIES the prospective intervenors' motions (Dkt. Nos. 356 , 361 ) as moot. The Court ORDERS that: (1) The parties shall meet and confer as to the content of the notice and submit to the Court within 60 days of this Order proposed forms of (a) notice by mail, (b) notice by e-mail, (c) a reminder, and (d) opt-in consent; (2) Defendants shall produce to Plaintiffs within 14 days of this order the information identified herein; (3) The opt-in period sh all be 90 days and a reminder shall be sent after 45 days; and (4) A third party is authorized to administer the notice by mail and e-mail. The parties shall meet and confer on their selection of an administrator within 60 days of this Order. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
367
ORDER. This matter comes before the Court on Defendants' telephonic motion for leave to take more than 10 depositions. Having thoroughly considered the parties' submissions and the relevant record, the Court DENIES the motion without prejudice for the reasons explained herein. Signed by U.S. District Judge John C. Coughenour. (MJV)
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Filing
359
MINUTE ORDER: This matter comes before the Court on Defendants' motion to enforce a prior discovery order, for a protective order, and to set certain deadlines prior to potential class certification (Dkt. No. 339 ). The Court establishes the f ollowing pre-certification deadlines: Deadline for Plaintiffs to Produce Discovery from Opt-In Plaintiffs Pursuant to Court Order (Dkt. No. 326 ) is 11/8/2024, Deadline for Plaintiffs to take the Rule 30(b)(6) deposition and for Defendants to Comple te Plaintiff and Opt-In Depositions, prior to which Defendants may move to compel discovery from the Named Plaintiffs if deficiencies are not resolved is 12/6/2024, Deadline for Plaintiffs to file Motion for Class Certification is 12/27/2024, Deadlin e for Defendants' Renewed Motion to Compel Arbitration is 12/27/2024, Deadline for Defendants' Opposition to Motion for Class Certification is 2/28/2025, Deadline for Plaintiffs' Reply in support of the Motion for Class Certification is 3/21/2025. Any opt-in Plaintiffs who are unresponsive to the discovery previously ordered (Dkt. No. 326 ) by the deadline above shall be dismissed from this action. Authorized by U.S. District Judge John C. Coughenour. (KRA)
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Filing
345
MINUTE ORDER: This matter comes before the Court on Defendant's motion for leave to file an over-length reply brief (Dkt. No. 344 ). Finding good cause, the motion is GRANTED. Defendant may file a brief opposing Plaintiffs' Second Motion for Notice to Be Issued to Similarly Situated Employees not to exceed 11,400 words. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
338
ORDER on Defendants' 303 Motion to Dismiss and Plaintiffs' 304 Motion to Enjoin Prosecution of Later-Filed Cases. Plaintiffs' motion to enjoin prosecution of later-filed cases (Dkt. No. 304 ) is GRANTED and Defendants' motion to dismiss (Dkt. No. 303 ) is GRANTED, in part. The following claims are DISMISSED with prejudice and without further leave to amend: Count I is DISMISSED as to all named Plaintiffs except Carroll, Wehmeyer, Yarleque, and Davarci; Count IIIV and VI are DISMISSED as to all named Plaintiffs except Carroll; Count V is DISMISSED; Count IX is DISMISSED as to all named Plaintiffs except Wilkins; Count XI--XVI are DISMISSED; Count XVII is DISMISSED as to all named Plaintiffs except Wilkins; Count XIX is DISMISSED; Count XXVII is DISMISSED. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
332
MINUTE ORDER: Defendant's motion for partial dismissal (Dkt. No. 303 ) and Plaintiffs' motion to enjoin the prosecution of later-filed cases (Dkt. No. 304 ) are presently before the Court. The Court will consider the motions concurrently. The Clerk is directed to renote the motion to dismiss (Dkt. No. 303 ) to 8/16/2024. Authorized by U.S. District Judge John C. Coughenour. (KRA)
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Filing
326
ORDER granting Defendants' 300 Motion to Compel Discovery. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
322
ORDER re Defendant's 321 Surreply to Plaintiff's 304 Motion for Preliminary Injunction. In accordance with LCR 7(g)(4), Plaintiffs may file a response to the surreply not to exceed 1,050 words. That response is due no later than 8/2/2024. The Clerk is DIRECTED to renote the motion for a preliminary injunction (Dkt. No. 304 ) to this same date 8/2/2024. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
314
ORDER granting Parties' 313 Stipulated MOTION re: Extension of Time for Plaintiffs to Answer or Otherwise Respond to Motion to Dismiss. Plaintiff's time to answer or otherwise respond to Defendant's 303 Motion to Dismiss First Amended Complaint is extended to 7/19/2024. The deadline for reply briefs is extended to 8/2/2024. The Clerk is DIRECTED to renote Dkt. No. 303 to 8/2/2024. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
312
ORDER granting Parties' 311 Stipulated Motion RE: Extension of Time for Plaintiffs to Answer or Otherwise Respond to Motion to Compel. The Court extend Plaintiff's time to answer or otherwise respond to Defendant's 300 Motion to Compel Opt-In Discovery from 7/1/2024 to 7/15/2024 with the deadline for a reply brief extended from 7/5/2024 to 7/29/2024. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
310
ORDER. The Court sets the following briefing schedule for plaintiffs' 304 Motion for Preliminary Injunctive Relief: The Amazon Defendants shall file a response by 7/12/2024; Plaintiffs shall file an optional reply by 7/19/2024; and Plaintiffs' motion for preliminary injunctive relief is noted for consideration on 7/19/2024. The Court DENIES the Amazon Defendants' 306 Motion to Strike as moot. Signed by Hon. Brian A Tsuchida. (MJV)
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Filing
298
ORDER re Parties' 297 Supplemental Joint Status Report. The Court hereby LIFTS the stay and establishes the case management deadlines detailed herein, through class certification. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
296
MINUTE ORDER: After reviewing the 295 joint status report, the Court concludes it is now appropriate to lift the stay in its entirety. The parties are DIRECTED to meet and confer and provide the Court with a supplemental joint status report contain ing a proposed revised case management schedule, through class certification (including required discovery). This supplement shall be filed with the Court no later than 5/10/2024. In the meantime, the stay remains in effect. To the extent a party wishes that the Court consider a motion previously struck by the Court, they must so renew that motion but need not refile supporting declarations. Authorized by U.S. District Judge John C. Coughenour. (KRA)
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Filing
293
ORDER denying Plaintiffs' 290 Motion to Lift Stay. This case is STAYED pending the United State Supreme Court's disposition of the petitions for certiorari in Carmona v. Domino's Pizza LLC, No. 23-427 (U.S.), and Miller v. Amazon.co m, Inc., No. 23-424 (U.S.). The parties are ORDERED to file a joint status report within ten (10) days of the date on which the United States Supreme Court issues its disposition of Carmona and of Miller. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Filing
289
ORDER: the Court STAYS this case, pending the Ninth Circuit's mandate in Carmona or Miller, whichever is issued later. The parties are hereby ORDERED, within fourteen (14) days of the later-filed Ninth Circuit mandate in Carmona or Miller to provide the Court with a joint status report. Signed by U.S. District Judge John C. Coughenour. (SS)
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Filing
261
ORDER granting Plaintiffs' 244 Motion to Amend. Plaintiffs are ORDERED to file an amended complaint within seven (7) days of this Order. Signed by U.S. District Judge John C. Coughenour. (SS)
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Filing
237
MINUTE ORDER re Parties' 235 Joint Status Report. The Court DIRECTS Defendants to submit an omnibus motion to compel, with an increased limit of 40 pages. Plaintiffs may also have 40 pages for their response brief. Defendants' repl y brief shall be no more than 20 pages. Deadline for Exchange of Initial Disclosure: 10/21/2022. Deadline to File Consolidated Complaint: 11/14/2022. Deadline to Answer or File Rule 12 Motion: 12/5/2022. Deadline for filing of Renewed Motion to Co mpel Arbitration: 2/24/2023. Deadline for filing of Class Certification Motion: 2/24/2023. Deadline for Completion of Fact & Expert Discovery: 180 days from the date of Class Certification Order. Deadline for Dispositive Motions: 30 days after close of discovery. Authorized by U.S. District Judge John C. Coughenour. (SR)
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Filing
226
ORDER granting in part and denying in part Plaintiffs' 201 Motion to Lift Stay. The stay is LIFTED for the limited purpose of resolving two threshold issues: 1) the appointment of lead counsel and 2) how the consolidated cases in this matter should proceed. The parties are ORDERED to meet and confer, and to submit a joint status report by Friday, 8/19/2022. Signed by U.S. District Judge John C. Coughenour. (SR)
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Filing
223
MINUTE ORDER denying without prejudice Plaintiffs' 220 MOTION to Certify Class. Defendants' 222 MOTION for Relief from Deadline to Respond to Plaintiffs' Motion Class Certification is denied as moot. Authorized by U.S. District Judge John C. Coughenour. (SR)
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Filing
200
ORDER CONSOLIDATING CASES: The Clerk is DIRECTED to consolidate case numbers C19-1719-JCC, C19-1718-JCC, C21-0419-JCC, and C21-1370 into case number C16- 1554-JCC. All future pleadings shall bear the case number C16-1554-JCC. Signed by U.S. District Judge John C. Coughenour. (SR)
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Filing
194
ORDER denying without prejudice Plaintiffs' 185 MOTION for Class Certification. Plaintiffs may refile their motion once the Court lifts the stay. Signed by U.S. District Judge John C. Coughenour. (SR)
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Filing
193
ORDER: Plaintiff Mack's motion (Dkt. No. 165 ) is DENIED in its entirety, Defendants' cross-motion (Dkt. No. 170 ) is GRANTED in part and DENIED as moot in part, and Defendants' motion to continue the stay pending the Supreme Court's final decisions in Southwest Airlines Co. v. Saxon, No. 21-309, and Viking River Cruises v. Moriana, No. 20-1573. (Dkt. No. 186 ) is GRANTED. Signed by U.S. District Judge John C. Coughenour. (SR)
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Filing
190
MINUTE ORDER re Plaintiffs' 189 Request for Clarification. This action remains stayed; any changes to the existing stay shall be decided on the related motions. As indicated in the minute order (Dkt. No. 187 ), Defendants' deadline to respond to the third amended complaint shall be 21 days from the date the stay in this action is lifted. Authorized by U.S. District Judge John C. Coughenour. (SR)
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Filing
187
MINUTE ORDER granting Parties' 174 Stipulated and Proposed Order to File Third Amended Complaint. Plaintiffs shall file their third amended complaint (Dkt. No. 174 -1) within 14 days of this order. Defendants' deadline to respond to the third amended complaint shall be 21 days from the date the stay in this action is lifted. Authorized by U.S. District Judge John C. Coughenour. (SR)
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Filing
160
MINUTE ORDER: The Court DIRECTS the parties to file a joint status report within 21 days of the date of this order under Local Civil Rule 16 informing the Court of the most expeditious way to proceed to resolution of this action. The joint status report must include the parties' positions on whether the stay should be lifted and whether Ponce and Keller should be consolidated with this action. Authorized by U.S. District Judge John C. Coughenour. (MW)
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Filing
134
ORDER to Consolidate re Defendants' 126 MOTION to Consolidate Cases . The Clerk is directed to consolidate case number C19-cv-00498-JCC into case number C16-01554-JCC. All future pleadings shall bear the case number C16-01554-JCC. Signed by U.S. District Judge John C Coughenour. (TH)
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Filing
133
ORDER granting Defendants' 117 Motion to Extend Stay Pending Appeal signed by U.S. District Judge John C Coughenour. (TH)
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Filing
132
MINUTE ORDER to Consolidate. The Clerk is DIRECTED to consolidate case number Case No. C19-0398-JCC into case number C16-1554-JCC. All future pleadings shall bear the case number C16-1554-JCC. Authorized by U.S. District Judge John C Coughenour. (TH)
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Filing
115
ORDER denying Defendants' 36 Motion to compel arbitration signed by U.S. District Judge John C Coughenour. (TH)
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Filing
113
MINUTE ORDER denying Defendants' 111 Request for Permission to File Brief Response to Plaintiffs' Notice of Supplemental Authority. Authorized by U.S. District Judge John C Coughenour. (TH)
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Filing
101
MINUTE ORDER granting parties' 100 Stipulated Motion and Order to Partially Lift Stay. The stay in this action shall be partially lifted for the limited purpose of resolving Defendants' motion to compel arbitration (Dkt. No. 36 ) . The parties shall file supplemental briefs on Defendants' motion to compel arbitration on or before 2/20/2019. The parties' response briefs are due on or before 3/6/2019. Furthermore, the Clerk is DIRECTED to terminate the motion to lift stay (Dkt. No. 99 ) as moot. Authorized by U.S. District Judge John C Coughenour. (TH)
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Filing
98
MINUTE ORDER denying Plaintiffs' 94 Motion to Lift Stay authorized by U.S. District Judge John C Coughenour. (TH)
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Filing
87
ORDER CONSOLIDATING CASES re parties' 86 STIPULATION AND PROPOSED ORDER Consolidating. The Clerk is DIRECTED to consolidate case number C17-1438-JCC into case number C16-1554-JCC. All future pleadings shall bear the case number C16-1554-JC C. Pursuant to the Court's order dated March 22, 2017 (Dkt. No. 77 ), the case will remain stayed until such time as the parties inform the Court that the Supreme Court has rendered its decision in Epic Systems Corp. v. Lewis (U.S. Jan. 13, 2017) (No. 16-285) or, following a Ninth Circuit decision in Van Dusen v. Swift Transp. Co., No. 17-15102 (9th Cir. Jan. 20, 2017). Defendants' deadline to respond to the complaint for the case previously assigned case number C17-1438-JCC (Iain Mack v. Amazon.com Inc.) will be fourteen (14) days after the stay is lifted. Signed by U.S. District Judge John C Coughenour. (TH)
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Filing
82
MINUTE ORDER dismissing as moot plaintiffs' 78 Motion for Reconsideration ; denying plaintiffs' 80 Motion for Reconsideration by U.S. District Judge John C Coughenour.(RS)
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Filing
79
MINUTE ORDER directing Plaintiffs' to resubmit their 78 Motion for Reconsideration in conformity with the Local Civil Rules no later than 4/13/2017. Authorized by U.S. District Judge John C Coughenour. (PM)
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Filing
77
ORDER granting Defendant Amazon's 71 Motion for stay of class and collective action proceedings. All proceedings are STAYED until further notice from the Court. Signed by U.S. District Judge John C Coughenour. (PM)
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Filing
76
ORDER granting in part and denying in part Amazon's 36 Motion to Dismiss. Plaintiffs are granted leave to amend and must submit an amended complaint within 30 days of this order. Plaintiffs' motion to issue notice (Dkt. No. 20 ) is STAYED until further notice from the Court. Authorized by U.S. District Judge John C Coughenour. (PM)
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Filing
61
MINUTE ORDER striking Plaintiffs' opposition to Defendants' motion to dismiss 46 ; Plaintiffs shall submit an amended brief that conforms to the letter and spirit of the Local Civil Rules no later than January 27, 2017; Defendants' Re ply brief due 2/3/2017; Defendants' 36 motion to dismiss and Plaintiffs' 20 motion for notice to be issued are RENOTED to 2/3/2017; denying Defendants' 59 motion for leave to file an over-length reply. Authorized by U.S. District Judge John C Coughenour. (PM)
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