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Brinkley v. Monterey Fin. Servs.

United States District Court, Southern District of California
Apr 27, 2022
16cv01103-LL-WVG (S.D. Cal. Apr. 27, 2022)

Opinion

16cv01103-LL-WVG

04-27-2022

TIFFANY BRINKLEY, on behalf of herself and others similarly situated, Plaintiff, v. MONTEREY FINANCIAL SERVICES, LLC, successor-in-interest to MONTEREY FINANCIAL SERVICES, Inc., Defendants.


ORDER GRANTING DEFENDANT'S EX PARTE APPLICATION TO CONTINUE THE HEARING DATE AND BRIEFING SCHEDULE ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION

[ECF No. 191]

HON. LINDA LOPEZ UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

Before the Court is Defendant Monterey Financial Services, LLC's (“Defendant”) Ex Parte Motion to Continue the Hearing and Briefing Schedule with respect to Plaintiff's Motion to Certify Class (the “Application”). ECF No. 191. After considering the papers submitted, supporting documentation, and applicable law, and as set forth below, the Court GRANTS the Application.

II. BACKGROUND

The Court incorporates the factual and procedural background of this case as set forth in Brinkley v. Monterey Fin. Servs., LLC, No. 3:16-cv-01103-WQH-WVG, 2020 WL 1929023, at *2 (S.D. Cal. Apr. 21, 2020) (Hayes, J.) and Brinkley v. Monterey Fin. Servs., LLC, No. 3:16-cv-01103-TWR-WVG, 2021 WL 6882428, at *1 (S.D. Cal. Dec. 6, 2021) (Robinson, J.).

As pertains to the instant Application, on December 20, 2021, the Court issued a Scheduling Order Regulating Class Certification, which provided as follows:

Filing:

Deadline:

Motion for Class Certification:

Thursday, April 7, 2022

Opposition:

Thursday, April 28, 2022

Reply:

Thursday, May 5, 2022

ECF No. 185 at 2, ¶ 6; see also CivLR 7.1.

On April 7, 2022, Plaintiff filed her Motion for Class Certification. ECF No. 187. That same day, Plaintiff also filed a motion to seal various documents in support of her motion, ECF No. 188, which were lodged with the Court as ECF No. 189.

Filing:

Current Deadline:

Proposed New Deadline:

Motion for Class Certification:

Thursday, April 7, 2022

N/a

Opposition:

Thursday, April 28, 2022

Thursday, May 12, 2022

Reply:

Thursday, May 5, 2022

Thursday, May 19, 2022

Hearing:

Thursday, May 12, 2022

Thursday, May 26, 2022

ECF No. 191 at 2-3.

On April 22, 2022, Defendant filed the instant Ex Parte Motion to Continue the Hearing and Briefing Schedule with respect to Plaintiff's Motion to Certify Class. ECF No. 191. On April 25, 2022, Plaintiff opposed. ECF No. 192.

III. DISCUSSION

Defendant argues that good cause exists for the continuance because “Plaintiff's Motion raises complex and substantial issues of law, ” “[g]iven the nature of Plaintiff's Motion and the extensive work product necessary to generate the response in opposition to the Motion, [it] requires additional time to prepare a complete response to same.” ECF No. 191 at 2:17-28. Defendant's counsel also indicates that it is lead counsel for two defendants in a lawsuit pending the Western District of Texas, where the plaintiffs are seeking more than $90 million in damages, and they recently had to spend “significant time preparing a motion to dismiss and a motion to say discovery.” Id. at 3:1-11. Additionally, they advise that the associating assigning lead counsel will be out of the office in the days leading up the present opposition deadline due to the birth of a child. Id. at 3:12-15.

Plaintiff opposes by advancing three arguments: First, she contends Defendant has known of its opposition deadline since January 4, 2022 but did not seek this continuance until 108 days later. ECF No. 192 at 2:13-23. Second, Plaintiff argues that good cause does not exist for the extension because Defendant bases its request on having to work on other matters. Id. at 2:24-3:8. However, Defendant knew more than 123 days ago, when the scheduling order was filed, that Plaintiff's motion was due on April 7, 2022, meaning Defendant's opposition would be due three weeks later. Id. Nonetheless, Defendant chose to work on other matters instead as well as wait until five courts days before the deadline to seek an extension. Id. Third, Plaintiff argues that if the Court were to grant the ex parte motion and continue Defendant's opposition deadline to May 12, 2022, it would prejudice Plaintiff's counsel's ability to file her reply because of Plaintiff's counsel's motion filing deadlines and discovery response obligations in other cases during the time period of May 12, 2022 to May 19, 2022 (the date Defendant proposed that Plaintiff be required to file her reply to Monterey's opposition). Id. at 4:6-17. Thus, Plaintiff asks that if the Court grants the request, it continue Plaintiff's reply brief deadline to May 26, 2022. Id.

The Court does not find Defendant's stated reasons to qualify as good cause to continue the briefing schedule in a case that has been pending for almost six years. Moreover, that the request was made four court days before the deadline is not well-taken. However, given this is the first request with respect to the class certification motion, the Court grants the Application as set forth below.

IV. CONCLUSION

For the above reasons, the Court GRANTS Defendant's request as follows:

Filing:

Current Deadline:

Proposed New Deadline:

Motion for Class Certification:

Thursday, April 7, 2022

N/a

Opposition:

Thursday, April 28, 2022

Thursday, May 12, 2022

Reply:

Thursday, May 5, 2022

Thursday, May 26, 2022

Hearing:

Thursday, May 12, 2022

The hearing will be vacated, and the Court will take the matter under submission unless the Court requests oral argument.

No further continuances will be granted absent a strong showing of good cause.

IT IS SO ORDERED.


Summaries of

Brinkley v. Monterey Fin. Servs.

United States District Court, Southern District of California
Apr 27, 2022
16cv01103-LL-WVG (S.D. Cal. Apr. 27, 2022)
Case details for

Brinkley v. Monterey Fin. Servs.

Case Details

Full title:TIFFANY BRINKLEY, on behalf of herself and others similarly situated…

Court:United States District Court, Southern District of California

Date published: Apr 27, 2022

Citations

16cv01103-LL-WVG (S.D. Cal. Apr. 27, 2022)