Corcoran et al v. CVS Health Corporation

Northern District of California, cand-4:2015-cv-03504

ORDER GRANTING REQUEST TO FILE SUMMARY JUDGMENT MOTION re 268 Letter Brief, filed by Gilbert Brown, Onnolee Samuelson, Toni Odorisio, Christopher Corcoran, Debbie Barrett, Carolyn Caine, Zulema Avis, Robert Garber, Robert Jenks, Zachary Hagert, Carl Washington, Walter Wulff, Vincent Gargiulo, Tyler Clark, Amanda Gilbert, 266 Letter Brief filed by CVS Pharmacy, Inc. Signed by Judge Yvonne Gonzalez Rogers on 5/15/17.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHRISTOPHER CORCORAN, ET AL., CASE NO. 15-cv-03504-YGR 8 Plaintiffs, ORDER GRANTING REQUEST TO FILE 9 vs. SUMMARY JUDGMENT MOTION 10 CVS HEALTH, ET AL., 11 Defendants. 12 Northern District of California United States District Court 13 On May 9, 2017, and pursuant to the Court's standing order, defendant filed a letter 14 requesting a summary judgment conference and permission to file a summary judgment motion. 15 (Dkt. 266.) On May 12, 2017, plaintiff filed a response. (Dkt. 268.) The Court has reviewed and 16 considered the letters. Good cause appearing, the defendant's request to file its motion is granted 17 without the need of a conference on the grounds set forth in its letter. 18 Parties should not construe this order as a reflection on the merits of the proposed motion. 19 Rather, the Court is quite familiar with the issues and the parties' respective positions. Further, 20 the proposed motion is narrow. 21 Nonetheless, parties are reminded of the following: (i) defendant is limited to one motion 22 for summary judgment; (ii) findings of triable issues of material fact necessitating a denial of any 23 motion are usually concluded with short orders as the Court does not provide advisory opinions on 24 issues of fact; (iii) parties must file separate statements of facts which should be devoid of 25 argument and hyperbole; (iv) footnotes must be in 12-point font; (v) requests for motions to seal at 26 the summary judgment stage are considered under a standard, the analogy of which would be to 27 close the courtroom doors to the public; and (vi) under the Local Rules, evidentiary objections 28 must be made within the context of the memoranda. 1 Parties are further advised that the Court has not decided whether to delay ruling on any 2 motion for summary judgment prior to the anticipated motion for class certification. 3 IT IS SO ORDERED. 4 Dated: May 15, 2017 YVONNE GONZALEZ ROGERS 5 UNITED STATES DISTRICT COURT JUDGE 6 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2