Rael v. The Children's Place, Inc.

S.D. California

Rael v. The Children's Place, Inc.

District Court, S.D. California·Decided October 31, 2019·No. 3:16-cv-00370·Unknown

Opinion

1 2 3 4 5 6 7 10 11 MONICA RAEL and ALYSSA Case No.: 3:16-cv-00370-GPC-LL HEDRICK, on behalf of themselves and 12 all others similarly situated, ORDER DISMISSING WITHOUT 13 PREJUDICE AMENDED MOTION Plaintiffs, FOR SETTLEMENT AND 14 v. PROVISIONAL CLASS THE CHILDREN’S PLACE, INC., a

16 DELAWARE corporation, and DOES 1- ECF No. 58. 50, inclusive, 17 Defendant. 18

19 On November 22, 2017, Plaintiffs Monica Rael and Alyssa Hedrick filed an 20 unopposed motion for preliminary approval of settlement and provisional class 21 certification. ECF No. 36. On April 2, 2018, the Court stayed proceedings pending the 22 Ninth Circuit’s decision on the petitions for rehearing en banc in In re Hyundai & Kia 23 Fuel Economy Litigation, 881 F.3d 679 (9th Cir. 2018). ECF No. 48. On June 17, 2019, 24 the Court lifted the stay. ECF No. 57. Then, on October 25, 2019, Plaintiffs amended 25 their motion for preliminary approval of settlement and provisional class certification. 26 ECF No. 58. Plaintiffs noticed the motion for a hearing on November 1, 2019. Id. 27 28 1 “Local rules have the ‘force of law’ and are binding upon the parties and upon the 2 ||court.” Prof’! Programs Grp. v. Dep’t of Commerce, 29 F.3d 1349, 1353 (9th Cir. 1994) 3 || (citations omitted). Per the local rules of this District, parties must obtain a hearing date 4 ||for any motion where the “‘court’s ruling is necessary.” CivLR 7.1.e.1. Unless the Court 5 || grants permission to file with reduced time, the motion must be filed at least “twenty- 6 || eight (28) days prior to the date for which the matter is noticed.” Jd. Where a party fails 7 ||to comply with the local rules in filing a motion, a court may dismiss the motion. See 8 ||Atchinson, Topeka & Santa Fe Ry. Co. v. Hercules Inc., 146 F.3d 1071, 1074 (9th Cir. 9 || 1998) (“District courts have inherent power to control their dockets.”’). 10 Here, Plaintiff's motion was filed within one week of the proposed hearing date, 11 || and that date was not obtained at the time of filing. Consequently, the Court DISMISSES 12 || Plaintiffs motion for failure to comply with Local Rule 7.1.¢.1. Plaintiff may obtain a 13 hearing date by calling chambers, and then re-file the motion with that date. 15 16 ||Dated: October 31, 2019 <=

18 United States District Judge 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 10 11 MONICA RAEL and ALYSSA Case No.: 3:16-cv-00370-GPC-LL HEDRICK, on behalf of themselves and 12 all others similarly situated, ORDER DISMISSING WITHOUT 13 PREJUDICE AMENDED MOTION Plaintiffs, FOR SETTLEMENT AND 14 v. PROVISIONAL CLASS THE CHILDREN’S PLACE, INC., a

16 DELAWARE corporation, and DOES 1- ECF No. 58. 50, inclusive, 17 Defendant. 18

19 On November 22, 2017, Plaintiffs Monica Rael and Alyssa Hedrick filed an 20 unopposed motion for preliminary approval of settlement and provisional class 21 certification. ECF No. 36. On April 2, 2018, the Court stayed proceedings pending the 22 Ninth Circuit’s decision on the petitions for rehearing en banc in In re Hyundai & Kia 23 Fuel Economy Litigation, 881 F.3d 679 (9th Cir. 2018). ECF No. 48. On June 17, 2019, 24 the Court lifted the stay. ECF No. 57. Then, on October 25, 2019, Plaintiffs amended 25 their motion for preliminary approval of settlement and provisional class certification. 26 ECF No. 58. Plaintiffs noticed the motion for a hearing on November 1, 2019. Id. 27 28 1 “Local rules have the ‘force of law’ and are binding upon the parties and upon the 2 ||court.” Prof’! Programs Grp. v. Dep’t of Commerce, 29 F.3d 1349, 1353 (9th Cir. 1994) 3 || (citations omitted). Per the local rules of this District, parties must obtain a hearing date 4 ||for any motion where the “‘court’s ruling is necessary.” CivLR 7.1.e.1. Unless the Court 5 || grants permission to file with reduced time, the motion must be filed at least “twenty- 6 || eight (28) days prior to the date for which the matter is noticed.” Jd. Where a party fails 7 ||to comply with the local rules in filing a motion, a court may dismiss the motion. See 8 ||Atchinson, Topeka & Santa Fe Ry. Co. v. Hercules Inc., 146 F.3d 1071, 1074 (9th Cir. 9 || 1998) (“District courts have inherent power to control their dockets.”’). 10 Here, Plaintiff's motion was filed within one week of the proposed hearing date, 11 || and that date was not obtained at the time of filing. Consequently, the Court DISMISSES 12 || Plaintiffs motion for failure to comply with Local Rule 7.1.¢.1. Plaintiff may obtain a 13 hearing date by calling chambers, and then re-file the motion with that date. 15 16 ||Dated: October 31, 2019 <=

18 United States District Judge 19 20 21 22 23 24 25 26 27 28

Rael v. The Children's Place, Inc., (S.D. Cal. 2019).

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