McIntire v. Sunrise Specialty Company

Filing 57

ORDER signed by Judge Lawrence K. Karlton on 1/10/13: 55 Motion for clarification is GRANTED, and the hearing on this motion, scheduled for January 14, 2013, is VACATED. HEARING as to 50 Motion for Summary Judgment, 51 Motion for Summary Judgment RESCHEDULED for 2/11/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton.(Kaminski, H)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 BRYAN C. McINTIRE, an
individual,
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Plaintiff,
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v.
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SUNRISE SPECIALTY COMPANY,
14 a California corporation,

O R D E R

Defendant.

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/

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NO. CIV. S-11-2495 LKK/CKD

Plaintiff has moved for clarification of the court’s November

18 9, 2012 order (ECF No. 49), which addressed the timing of the
19 parties’ anticipated cross-motions for summary judgment.

The

20 motion is well-taken, in that the court’s order was reasonably
21 susceptible of the conflicting interpretations which the parties
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in

fact

taken.

The court has determined that the

23 clarification motion should be granted on the papers and without
24 oral argument.
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The court accordingly orders as follows:

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1.

Plaintiff’s motion for clarification (ECF No. 55) is
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1 GRANTED, and the hearing on this motion, scheduled for January 14,
2 2013, is VACATED;
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2.

Defendant’s response to plaintiff’s motion for summary

4 judgment (ECF No. 50), is due no later than 4:30 p.m. on January
5 14, 2013.1
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3.

The parties’ Replies are due no later than 4:30 p.m. on

7 January 28, 2013.
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4.

The

hearing

date

on

the cross-motions for summary

9 judgment, currently scheduled for January 28, 2013, is VACATED , and
10 the hearing is hereby RESCHEDULED for February 11, 2013 at 10:00
11 a.m.
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IT IS SO ORDERED.

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DATED:

January 10, 2013.

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Plaintiff has already filed his Opposition to defendant’s
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motion for summary judgment.

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