Grill v. Quinn

Filing 79

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/14/2012 ORDERING Defendant's motion to amend the scheduling order and to continue the hearing on the summary judgment motions, filed 11/8/2012 76 is GRANTED in PART and DENIED in PART. The 11/21/2012 deadline for defendant to file his cross-motion is EXTENDED to 12/6/2012. Plaintiff may file a reply by 12/13/2012. The hearing currently scheduled for 12/6/2012 is CONTINUED to 12/20/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Krueger, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES S. GRILL,

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Plaintiff,

Defendant.

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No. 2:10-cv-0757 GEB GGH PS

ORDER

vs.
TOM QUINN,

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Presently before the court is defendant’s motion to amend the scheduling order

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and to continue the hearing on the summary judgment motions, filed November 8, 2012. The

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motion is based on the allegedly impending November 27, 2012 foreclosure of plaintiff’s

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property which is the subject of this action. Plaintiff filed an opposition on November 13, 2012.

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Because it is unclear what the ownership status of the subject property will be, not

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only in the near future but for some time to come, and because the standing argument will require

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facts outside the pleadings, defendant’s motion to permit the filing of a motion for judgment on

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the pleadings in lieu of a cross-motion for summary judgment is denied. Defendant will be

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permitted, however, to raise the jurisdictional issue of standing pursuant to Fed. R. Civ. P.

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12(b)(1) within its cross-motion for summary judgment.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant’s motion to amend the scheduling order and to continue the hearing

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on the summary judgment motions, filed November 8, 2012, (dkt. no. 76), is granted in part and

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denied in part.

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2. The November 21, 2012 deadline for defendant to file his cross-motion is
extended to December 6, 2012.

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3. Plaintiff may file a reply by December 13, 2012.

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4. The hearing currently scheduled for December 6, 2012 is continued to

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December 20, 2012.
DATED: November 14, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Grill757.osc.wpd

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