Thomas-Young v. Memorial Hospital Foundation et al

Filing 81

ORDER Directing Briefing on 80 Issue of Merit Pay Increases, signed by District Judge Anthony W. Ishii on 4/4/2014. (Defendant to file supplemental motion not later than twenty-one (21) days from the date of service of this order. Defendant shall file an opposition not later than fourteen (14) days from the date of service of Defendant's motion. Defendants may file and serve any reply brief within seven (7) days of the filing of Plaintiff's opposition.)(Gaumnitz, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DIANE THOMAS-YOUNG,

1:12-cv-1410 AWI SKO

Plaintiff,

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vs.

ORDER DIRECTING BRIEFING ON
ISSUE OF MERIT PAY INCREASES

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SUTTER CENTRAL VALLEY
HOSPITALS, dba MEMORIAL MEDICAL
CENTER, a California Corporation; and
DOES 1-100, inclusive,

Doc. # 80

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Defendants.

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On March 19, 2014, the court issued a Memorandum Opinion and Order granting

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Defendant’s motion for summary judgment as to all of Plaintiff’s claims “except to the extent

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either party may move to clarify that a claim was alleged and continues to be viable for failure to

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pay yearly merit increases.” Doc. # 79 at 21:24-25. On April 1, 2014, Plaintiff filed a “Petition

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to Decide on the Issue of Merit Pay Increases as a Theory of Recovery . . . .” Doc. # 80. The

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court, having invited either party to seek determination of the issue, now directs the parties to

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submit additional briefing as follows:

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Defendant shall file and serve a “Supplemented Motion for Summary Adjudication”

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addressing the single issue of Plaintiff’s claim for damages arising from misrepresentation of

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entitlement to merit pay increases not later than twenty-one (21) days from the date of service of

A

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this order. Plaintiff shall file an “Opposition to Defendant’s Supplemental Motion for Summary
Adjudication” not later than fourteen (14) days from the date of service of Defendant’s motion.
Defendants may file and serve any reply brief within seven (7) days of the filing of Plaintiff’s
opposition. The court will take the matter under submission as of the due date of Defendant’s
reply brief and shall thereafter render a decision without oral argument unless examination of the
parties’ pleadings indicates the necessity of oral argument.

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IT IS SO ORDERED.
Dated: April 4, 2014
SENIOR DISTRICT JUDGE

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