Tumbling v. Merced Irrigation District

Filing 96

EX PARTE APPLICATION AND ORDER GRANTING LEAVE TO FILE ENLARGED MEMORANDUM OF POINTS AND AUTHORITIES signed by District Judge Lawrence J. O'Neill on July 16, 2010. (Lira, I)

Tumbling v. Merced Irrigation District

Doc. 96

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Daley & Heft, LLP Attorneys at Law Neal S. Meyers, Esq. (SBN 109625) Matthew T. Racine, Esq. (SBN 256865) 462 Stevens Avenue, Suite 201 Solana Beach, CA 92075 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] Attorneys for Defendant, Merced Irrigation District UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION LAMONTE TUMBLING, Plaintiff, v. MERCED IRRIGATION DISTRICT, a public entity Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 1:08-CV-01801-LJO-DLB EX PARTE APPLICATION AND ORDER GRANTING LEAVE TO FILE ENLARGED MEMORANDUM OF POINTS AND AUTHORITIES JUDGE: Lawrence J. O'Neill COURTROOM: 9 MAGISTRATE: Dennis L. Beck

Defendant Merced Irrigation District hereby applies to the Court ex parte for an Order to file an enlarged memorandum of points and authorities in support of Defendant's motion for summary judgment. Defendant requests leave to file a memorandum of points and authorities not to exceed 35 pages. The undersigned has advised counsel for Plaintiff that such an ex parte request will be made to this Court. (Declaration of Matthew Racine ("Racine Dec.," ¶ 3.) Because counsel for Plaintiff was unavailable to speak with the undersigned, this advisory was made in the form of a voicemail message. (Racine Dec., ¶ 4-5.) Thus, the undersigned is unaware if plaintiff's counsel intends to oppose this motion. (Racine Dec., ¶ 6.) This request is timely because it is made more than seven days prior to the July 23, 2010, deadline for filing dispositive motions. (Document 6-1, ¶ 3; Document 48, page 3.) ///
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Good cause exists for the Court to grant the ex parte motion because Defendant intends to move for summary judgment on all seven of Plaintiff's claims for relief, and page limit of 25 pages listed in Document 6-1 is insufficient to brief fully the factual background of this case and perform a sufficient legal analysis. (Racine Dec., ¶ 7-13.) Plaintiff's claims involve federal and state law claims race and gender discrimination, retaliation for protected activities, whistle blower retaliation as well as a claim under 42 U.S.C. § 1981. (Document 1.) The factual background of this case is complex, requiring significant discussion in the body of the memorandum of points and authorities. (Racine Dec., ¶ 11-13.) In light of the foregoing, defendant respectfully requests that the Court enlarge by 10 pages the page limit for defendant's memorandum of points and authorities in support of defendant's motion for summary judgment to a total of 35 pages. Dated: September 15, 2009 Daley & Heft, LLP By: /s/Matthew T. Racine, Esq. Neal S. Meyers Matthew T. Racine Attorneys for Defendant, Merced Irrigation District ORDER Having considered Defendant's ex parte application for leave to file an enlarged memorandum of points and authorities in support of Defendant's motion for summary judgment, and finding good cause therefor, IT IS HEREBY ORDERED that Defendant may file a memorandum of points and authorities not to exceed 35 pages in support of Defendant's motion for summary judgment. Dated: _July 16, 2010___ /s/_Lawrence J. O'Neill___ Lawrence J. O'Neill United States District Judge

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