Firat v. ATC Assessment Collection Group

Filing 13

ORDER GRANTING Defendant's Motion to Continue; ORDER SETTING a Briefing Schedule for Further Briefing 4 , signed by District Judge Anthony W. Ishii on 2/4/14: Motion for Summary Judgment SHALL BE HEARD on March 3, 2014; Plaintiffs' Opposition due February 18, 2014; Reply due February 24, 2014. (Hellings, J)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MANDAY MARIE FIRAT, 11 CASE NO. 1:13-CV-1937 AWI GSA ORDER GRANTING DEFENDANT’S MOTION TO CONTINUE Plaintiff, 12 v. 13 ATC ASSESSMENT COOECTION GROUP, 14 ORDER SETTING A BRIEFING SECHULE FOR FURTHER BRIEFING Defendants, 15 16 17 Defendant has filed a motion for summary judgment, and Defendant’s motion had been set 18 for hearing on February 3, 2014. 19 On January 27, 2014, Defendant filed an ex parte application to continue the summary judgment motion’s hearing date until February 24, 2014. Plaintiff opposed 20 this continuance. The Court took the pending motion to continue under submission. 21 22 23 The Court has reviewed the parties’ briefs. The delay Defendant seeks is limited. Given the undersigned’s pending case load,1 a ruling on the summary judgment motion will not be immediate and some delay is inevitable. Thus, the Court will grant Defendant’s motion. 24 25 26 27 28 1 Out of fairness, the Court believes it is necessary to forewarn litigants that the Fresno Division of the Eastern District of California now has the heaviest District Judge caseload in the entire nation. While the Court will use its best efforts to resolve this case and all other civil cases in a timely manner, the parties are admonished that not all of the parties’ needs and expectations may be met as expeditiously as desired. The law requires the Court give criminal cases priority over civil trials and other matters. The parties are reminded of the availability of a United States Magistrate Judge to conduct all proceedings in this action. A United States Magistrate Judge is available to conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 28 U.S.C. 636(c), Federal Rule of Civil Procedure 73, and Local Rule 305. 1 The Court ORDERS that: 2 1. Defendant’s motion to continue the motion for summary judgment is GRANTED; 3 2. The motion for summary judgment SHALL BE HEARD on March 3, 2014; 4 3. Plaintiffs’ opposition to the motion for summary judgment SHALL BE FILED by 5 6 February 18, 2014; 4. Any reply may be filed by February 24, 2014. 7 8 9 IT IS SO ORDERED. Dated: February 4, 2014 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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