Opinion
NO. CIV. S-08-1877 LKK/GGH.
April 26, 2011
ORDER
Defendants' motion for summary judgment in the above captioned case is set to be heard on May 9, 2011. Pursuant to the court's July 29, 2010 order modifying the scheduling order, plaintiff's motion for class certification is currently due to be filed by April 30, 2011. On April 21, 2011, plaintiff filed an ex parte application to modify the scheduling order in this case so that he will have more time to file his motion for class certification. On April 22, 2011, defendants filed an opposition to the application, yet explained the circumstances under which they would be amenable to continuing the deadline.
Under the circumstances of this case, the court finds that it is proper to vacate the deadline for plaintiff to file a motion for class certification pending its decision on defendants' motion for summary judgment.
The court notes that it does not find that plaintiff had good cause to modify the scheduling order. Rather, it appears to the court that vacating the deadline should promote the efficient resolution of this matter.
For the foregoing reasons, the court HEREBY ORDERS that plaintiff's deadline for filing his motion for class certification is VACATED. Following resolution of defendants' motion for summary judgment, the court shall, if appropriate, set a new deadline for plaintiff to move for class certification.
IT IS SO ORDERED.