Shields
Shields v. Federation Internationale De Natation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THOMAS A. SHIELDS, et al., Case No. 18-cv-07393-JSC
Plaintiffs,
ORDER RE: MOTION TO STRIKE
v. SUR-REPLY
FEDERATION INTERNATIONALE DE Re: Dkt. No. 269
NATATION,
11 Defendant.
12 Plaintiffs’ motion for class certification is pending before the Court. At the October 21, 2021 case management conference, FINA asked for permission to file a sur-reply that addressed what FINA characterized (and Plaintiffs disputed) as a change in Plaintiffs’ expert’s damages theory. The Court granted FINA leave to file a 15-page sur-reply. (Dkt. Nos. 254, 268.) FINA filed its sur-reply on November 23, 2021. (Dkt. No. 263.) While the sur-reply addresses the expert damages theory issue, the first few pages disclose confidential settlement communications in an attempt to argue that the named Plaintiffs are not adequate class representatives. As a result of the disclosure, the settlement judge withdrew from facilitating settlement discussions. (Dkt. No. 265.) …