Zavala v. Kevin Kruse

• Court: District Court, E.D. California
• Decided: August 18, 2022
• Docket: 1:19-cv-00239
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARMANDO ZAVALA, individually and No. 1:19-cv-00239-DAD-SKO on behalf of all others similarly situated, 12 Plaintiff, ORDER DENYING PLAINTIFF’S 13 MOTION FOR CLASS CERTIFICATION v. WITHOUT PREJUDICE AND 14 MODIFYING SCHEDULING ORDER GREATBANC TRUST COMPANY, et al. 15 (Doc. 120) Defendants. 16

17 18 Pending before the undersigned is Plaintiff’s motion for class certification, filed August 11, 19 2022. (Doc. 120.) The Court observes that also pending is Plaintiff’s prior-filed motion for leave 20 to file a Second Amended Complaint, which is before the assigned District Judge. (See Docs. 95 21 & 99.) 22 Because Plaintiff’s motion for class certification relies on “the allegations in the proposed 23 Second Amended Complaint” (Doc. 120 at 2), for which leave to file has not been granted, the 24 Court ORDERS that, in the interest of litigation economy and judicial efficiency, Plaintiff’s motion 25 for class certification (Doc. 120) is DENIED WITHOUT PREJUDICE, subject to being renewed 26 after resolution of the motion for leave to file a Second Amended Complaint. See, e.g., Yastrab v. 27 Apple Inc., No. 5:14-CV-01974-EJD, 2015 WL 1307163, at *8 (N.D. Cal. Mar. 23, 2015) (“[T]he 28 court does not believe it necessary to engage in a lengthy Rule 23 analysis now because it is unclear 1 whether and in what form this case will ultimately proceed,” given that “the pleadings have not 2 been settled.”). The hearing on the motion for class certification, currently set for October 26, 3 2022, is hereby VACATED.1 4 To afford the assigned District Judge time to resolve the motion for leave and for Plaintiff 5 to renew his motion for class certification, the Scheduling Order (Doc. 83) is hereby MODIFIED 6 as follows: The motion for class certification shall be filed by no later than thirty (30) days after 7 the resolution of Plaintiff’s motion for leave to file a Second Amended Complaint (Docs. 95 & 99). 8 The opposition, reply, and hearing deadlines shall be calculated according to Local Rule 230.2 A 9 status conference to set further scheduling dates will be set at the time the motion for class 10 certification is resolved. 11 IT IS SO ORDERED. 12

13 Dated: August 17, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 14

16 17 18 19 20 21 22 23 24 25 26 1 Defendants’ requests to seal documents filed in conjunction with the motion for class certification (Docs. 117 & 27 118) are similarly DENIED WITHOUT PREJUDICE. 2 Nothing herein is intended to prevent the parties’ ability to stipulate to an enlargement of the deadlines provided in 28 Local Rule 230.