Phan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 DUNG PHAN, Case No. 20-cv-03665-BLF

Plaintiff,

ORDER DENYING APPLICATION TO

v. FILE SUPPLEMENTAL BRIEFING

AND DENYING MOTION FOR CLASS

TRANSAMERICA PREMIER LIFE CERTIFICATION WITHOUT

INSURANCE COMPANY, PREJUDICE

11 Defendant. [Re: ECF Nos. 57, 69]

13 On April 12, 2023, Defendant filed an ex parte application for leave to file supplemental 14 briefing on Plaintiff’s motion for class certification. ECF No. 69 (“App.”). In the Application, 15 Defendant asserts that Plaintiff’s Reply brief to her motion for class certification altered her 16 position, and Defendant did not have a sufficient opportunity to respond. Id. Defendant has 17 identified a significant problem with Plaintiff’s briefing in support of class certification. 18 In the Complaint, Plaintiff asserts five causes of action: (1) declaratory relief or judgment 19 under California statute; (2) declaratory relief or judgment under federal…