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Material Yard Workers Local 1175 Benefit Funds v. Bare Escentuals, Inc.

United States District Court, Ninth Circuit, California, N.D. California
Feb 17, 2010
C 09-3268 PJH (N.D. Cal. Feb. 17, 2010)

Opinion


MATERIAL YARD WORKERS LOCAL 1175 BENEFIT FUNDS, Plaintiff, v. BARE ESCENTUALS, INC., Defendant. In re: Bare Escentuals, Inc. Securities Litigation. This document relates to: All Actions. No. C 09-3268 PJH. United States District Court, N.D. California. February 17, 2010.

          ORDER RE MOTION TO SHORTEN TIME AND REFERRAL TO MAGISTRATE JUDGE

          PHYLLIS J. HAMILTON, District Judge.

         Before the court is plaintiffs' motion for an order shortening time for briefing and hearing of their motion for entry of an interim document preservation order, noticed for hearing in accordance with Local Rule 7-2 on March 24, 2010. Plaintiffs seek to have the motion heard a week from today, on February 24, 2010. The court finds that in the absence of some indication, other than plaintiffs' mere speculation, that defendant may fail to comply with the preservation requirements of the PSLRA, and in view of plaintiffs' own delay in bringing this motion, an expedited hearing with its concomitant abbreviated period for the defendant's opposition to be filed and for the court to prepare for the hearing, is simply not warranted. The motion is DENIED.

         Additionally, plaintiffs' request to file a reply brief is DENIED, as reply briefs are not permitted for Local Rule 6-3 motions to shorten time.

         Lastly, plaintiffs' motion for entry of an interim document preservation order is referred for assignment to a magistrate judge, who shall also retain the case for all discovery purposes once the discovery stay is lifted. The March 24, 2010 hearing date on the calendar of the undersigned is VACATED.

         IT IS SO ORDERED.


Summaries of

Material Yard Workers Local 1175 Benefit Funds v. Bare Escentuals, Inc.

United States District Court, Ninth Circuit, California, N.D. California
Feb 17, 2010
C 09-3268 PJH (N.D. Cal. Feb. 17, 2010)
Case details for

Material Yard Workers Local 1175 Benefit Funds v. Bare Escentuals, Inc.

Case Details

Full title:MATERIAL YARD WORKERS LOCAL 1175 BENEFIT FUNDS, Plaintiff, v. BARE…

Court:United States District Court, Ninth Circuit, California, N.D. California

Date published: Feb 17, 2010

Citations

C 09-3268 PJH (N.D. Cal. Feb. 17, 2010)