Judge Richard Boulware issued a Minute Order on Tuesday advising both parties that he would like additional briefing due this Thursday night. The brief appears to be the final arguments prior to his decision on class certification.
According to the order, Judge Boulware is allowing the parties to file one supplemental brief of 15 pages “for the Motion to Certify Class and the parties’ submission should include all citations to the record or expert reports expressly requested by the Court.” The order went on to state that the parties had until Thursday night at 10pm to file the briefs. Additionally, for plaintiffs, they
“must explicitly identify in their brief all theories of liability upon which they seek to proceed regarding class certification, including monopoly and monopsony theories.”
Payout Perspective:
It seems as though we are nearing the end of the presentation of evidence in determining class certification. The court will hear two more experts this week and based on this piece of news, we may not expect Joe Silva to testify. He was scheduled to testify during the first week of evidentiary hearings but was unable to attend. The request for briefing was intimated during the first week of evidentiary hearings and it could be interpreted We now may see this boiling down to a decision from Judge Boulware on class certification.
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