McIntire v. Sunrise Specialty Company

Filing 58

AMENDED ORDER signed by Judge Lawrence K. Karlton on 1/11/13: Defendant's motion for clarification 55 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)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
FOR THE EASTERN DISTRICT OF CALIFORNIA
9
10 BRYAN C. McINTIRE, an
individual,
11
Plaintiff,
12
v.
13
SUNRISE SPECIALTY COMPANY,
14 a California corporation,

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

A M E N D E D
O R D E R1

Defendant.

15

/

16
17

Defendant 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
22 have

in

fact

taken.

The court has determined that the

23 clarification motion should be granted on the papers and without
24 oral argument.
25
1

26

This order amends and corrects ECF No. 57, which is hereby
vacated.
1

1

The court accordingly orders as follows:

2

1.

Defendant’s motion for clarification (ECF No. 55) is

3 GRANTED, and the hearing on this motion, scheduled for January 14,
4 2013, is VACATED;
5

2.

Defendant’s response to plaintiff’s motion for summary

6 judgment (ECF No. 50), is due no later than 4:30 p.m. on January
7 14, 2013.2
8

3.

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

9 January 28, 2013.
10

4.

The hearing date on the cross-motions for summary

11 judgment, currently scheduled for January 14, 2013, is VACATED, and
12 the hearing is hereby RESCHEDULED for February 11, 2013 at 10:00
13 a.m.
14

IT IS SO ORDERED.

15

DATED:

January 11, 2013.

16
17
18
19
20
21
22
23
24
25
2

26

Plaintiff has already filed his Opposition to defendant’s
motion for summary judgment.
2