Opinion
23-cv-03109-AMO
02-06-2024
SHERRY YALI LIU, Plaintiff, v. KAISER PERMANENTE EMPLOYEES PENSION PLAN FOR THE PERMANENTE MEDICAL GROUP, INC., et al., Defendants.
ORDER GRANTING ADMINISTRATIVE MOTION TO BIFURCATE MOTION TO DISMISS AND MOTION FOR SUMMARY ADJUDICATION RE: DKT. NO. 41
ARACELI MARTÍNEZ-OLGUÍN UNITED STATES DISTRICT JUDGE
Before the Court is Defendants' Administrative Motion to Bifurcate Defendants' Motion to Dismiss the First Amended Complaint from Plaintiff's Motion for Summary Adjudication. Having read the parties' papers and carefully considered their arguments and the relevant legal authority, the Court hereby GRANTS the motion to bifurcate. In particular, the Court finds consideration of summary adjudication imprudent at this stage because Defendants represent that they require additional discovery to defend against Plaintiff's claims. See generally Fed. R. Civ. Pro. 56(d). The Court prefers to consider summary adjudication on a fuller record.
Rule 56(d) requires a showing “affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition.” Despite Defendants' failure to comply with this requirement, the Court finds it appropriate to permit Defendants' discovery to fully defend against a motion for summary judgment.
The Court accordingly orders that:
(1) Defendants' Motion to Dismiss the First Amended Complaint is bifurcated from Plaintiff's Motion for Summary Adjudication;
(2) The opposition and reply briefs and hearing on Plaintiff's MSA are vacated;
(3) The parties shall meet and confer on the briefing schedule and hearing date on Plaintiff's MSA and include this proposed schedule in the joint case management statement; and
(4) The Court will set these dates at the case management conference or in a post-case management conference scheduling order.
IT IS SO ORDERED.