McPhee v. Big Brand Tire & Service

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CHRIS MCPHEE, etc., et al.,
Plaintiffs,
v.
BIG BRAND TIRE & SERVICE, et al.,
Defendants.
Case No. 26-cv-02232-RS
ORDER FOR FURTHER BRIEFING
The hearing on defendants’ motion to dismiss, presently set for October 15, 2026, is
vacated. Within 10 days of the date of this order, plaintiffs shall submit a supplemental brief, not
to exceed 12 pages, addressing Fons v. Grocery Outlet, Inc., 2026 WL 2876369 (N.D. Cal. Sept.
24, 2026). Plaintiffs shall also address the impact of the enactment of Senate Bill 690 on the claim
under CIPA § 638.51. Within 7 days thereafter, defendants may submit a response, also not to
exceed 12 pages. The motion will then be submitted for decision without argument, or reset for
hearing, in the court’s discretion.
IT IS SO ORDERED.
Dated: October 13, 2026
______________________________________
RICHARD SEEBORG
United States District Judge
Case 3:26-cv-02232-RS Document 36 Filed 10/13/26 Page 1 of 1