Altman v. HO Sports Company, Inc.

Filing 140

ORDER vacating hearing date of November 15, 2010, order for response to objections, and order holding motion in abeyance signed by Chief Judge Anthony W. Ishii on 10/26/2010. (Nazaroff, H)

Altman v. HO Sports Company, Inc.

Doc. 140

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 Currently set for hearing and decision on November 15, 2010, is Defendant's motion for 18 summary judgment. On October 18, 2010, and again on October 25, 2010, Plaintiff filed 19 objections to Defendant's motion. Plaintiff objects that Defendant did not properly attempt to 20 meet and confer regarding the summary judgment motion, as required by the Scheduling Order. 21 Specifically, Plaintiff objects that Defendant did not attempt to meet and confer until October 14 22 or 15, when the deadline for filing the summary judgment motion was October 15. Plaintiff's 23 opposition is due November 1, 2010. 24 Given the nature of Plaintiff's objections, which amount to a contention that Defendant 25 has violated a court order by filing its motion, the Court believes that a modified schedule is in 26 order. The Court will obtain a response from Defendant regarding Plaintiff's objections and will 27 hold the summary judgment motion in abeyance, pending resolution of Plaintiff's objections. 28 ) ) Plaintiff, ) v. ) ) HO SPORTS COMPANY, INC., dba ) HYPERLITE, and DOES 1 to 100, ) ) Defendants. ) ____________________________________) JEFFREY ALTMAN, 1:09-cv-1000 AWI SMS ORDER VACATING HEARING DATE, ORDER FOR RESPONSE TO OBJECTIONS, AND ORDER HOLDING MOTION IN ABEYANCE

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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 Dated: ciem0h 3. 2. 1.

Accordingly, IT IS HEREBY ORDERED that: The November 15, 2010, hearing date on Defendant's motion for summary judgment is VACATED; Defendant will file a response to Plaintiff's objections on or by 1:00 p.m. on November 1, 2010; and Defendant's motion for summary judgment will be held in abeyance pending resolution of Plaintiff's motion.1 IT IS SO ORDERED. October 26, 2010 CHIEF UNITED STATES DISTRICT JUDGE

If the Court overrules Plaintiff's objections, it will later set a new opposition date, reply date, and hearing d a te on Defendant's summary judgment motion.

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