Rusoff
Rusoff v. The Happy Group, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JONATHAN RUSOFF, et al., Case No. 21-cv-08084-AMO
Plaintiffs,
ORDER RE OBJECTIONS TO NEW
v. EVIDENCE AND REQUEST FOR
LEAVE TO FILE SUR-REPLY;
THE HAPPY GROUP, INC., VACATING HEARING ON MOTION
FOR CLASS CERTIFICATION
Defendant. 11 Re: Dkt. No.
13 On July 28, 2023, The Happy Group filed “Objections to New Evidence and Request for 14 Leave to File Sur-Reply.” ECF No. 81. In the filing, The Happy Group objects to new evidence 15 submitted for the first time with Rusoff’s reply in support his motion for class certification,1 16 moves to strike the evidence pursuant to Fed. R. Civ. P. 37(c), or alternatively, seeks leave to file a 17 sur-reply. Id. The proposed four-page sur-reply is attached to The Happy Group’s filing, together 18 with a five-page “Response to new material by Joy Mench, D. Phil” and 271 pages of exhibits.
ECF 81-1, 81-2.
20 On July 31, 2023, Rusoff filed a response to The Happy Group’s filing. ECF 82. Rusoff 21 argues, among other things, that the…