Eric Lewis v. James Peakes

Filing 31

EX PARTE APPLICATION TO CONTINUE HEARING DATE; NON-OPPOSITION TO CONTINUANCE BY DEFENDANT AND ORDER signed by District Judge Lawrence J. O'Neill on October 15, 2010. 29 MOTION for SUMMARY JUDGMENT currently set for 11/15/2010 has been CONTINUED to 12/2/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Lira, I)

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Eric Lewis v. James Peakes Doc. 31 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 Jacob M. Weisberg, SBN 049065 THE LAW OFFICE OF JACOB M. WEISBERG 844 N. Van Ness Avenue Fresno, CA 93728 Telephone: (559) 441-0201 Facsimile: (559) 442-3164 Attorney for Plaintiff: ERIC LEWIS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ERIC LEWIS, Plaintiff, v. ERIK K. SHINSEKI, Secretary United States Department of Veterans Affairs, Defendants. CASE NO.: 1:09-cv-00318-LJO-DLB EXPARTE APPLICATION TO CONTINUE HEARING DATE; NON-OPPOSITION TO CONTINUANCE BY DEFENDANT AND ORDER Date: November 15, 2010 Time: 8:30 a.m. Ctrm: 4 Honorable Lawrence J. O'Neill Proposed Date: November 29, 2010 Trial Date: March 14, 2011 Counsel for plaintiff herein, ERIC LEWIS, files his Exparte Application to Continue the Hearing Date for the Motion for Summary Judgment filed by the defendant on October 13, 2010, from November 15, 2010 to November 29, 2010. The basis of this application is that based on the current hearing date, the plaintiff has only 21 days from the filing of Defendant's Motion for Summary Judgment to prepare and file his Opposition which makes the Opposition due on November 3, 2010. That is insufficient time given the amount of time that the defendant has had to prepare for this Motion than the issues that must be addressed in the Opposition. The plaintiff has requested that the defendant stipulate to change the date of hearing. The defendant was not willing to do so because the Scheduling Order identifies November 15, 2010 -1ExParte Application to Continue Hearing Date 10-13-10 Dockets.Justia.com 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 as the last day for hearing dispositive motions. However, the defendant is willing to state that it has no opposition to such a change if the court, in its discretion, grants plaintiff's application. It is, therefore, respectfully requested that the hearing date be moved from November 15, 2010, at 8:30 a.m., in Department 4, to November 29, 2010, at 8:30 a.m., in Department 4, with the Opposition due on November 17, 2010. DATED: October 15, 2010 /s/ Jacob M. Weisberg_________________ JACOB M. WEISBERG Attorney for Plaintiff ERIC LEWIS STATEMENT OF NO OPPOSITION The defendant, through its counsel, does not oppose the plaintiff's Application to Continue Hearing Date from November 15, 2010, at 8:30 a.m., in Department 4, to November 29, 2010, at 8:30 a.m., in Department 4. DATED: October 15, 2010 BENJAMIN B. WAGNER United States attorney _/s/Alyson Berg___________ _ Alyson Berg, Assistant United States Attorney Attorney for ERIK K. SHINSEKI, Secretary United States Department of Veterans Affairs, ORDER GOOD CAUSE APPEARING, IT IS SO ORDERED that the Motion for Summary Judgment be continued from November 15, 2010, at 8:30 a.m., in Department 4, to December 2, 2010, at 8:30 a.m., in Department 4, with the Opposition due on November 17, 2010. DATED: _October 15, 2010___ /s/ Lawrence J. O'Neill_______________ LAWRENCE J. O'NEILL UNITED STATES DISTRICT JUDGE -2ExParte Application to Continue Hearing Date 10-13-10

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