Aoki et al v. Gilbert et al

Filing 279

ORDER signed by District Judge Troy L. Nunley on 12/1/2017 STRIKING defendants' 272 and 273 Motions for Summary Judgment. The Court recommends the parties review the 223 Pretrial Scheduling Order to adequately and timely prepare for the upcoming Pretrial Conference and Trial. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS T. AOKI, and AOKI
DIABETES RESEARCH INSTITUTE, a
California non-profit corporation,

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Plaintiffs,

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No. 2:11-cv-02797-TLN-CKD

ORDER

v.
GREGORY FORD GILBERT, et al.,

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Defendants.

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On February 1, 2016, this Court issued a Pretrial Scheduling Order setting the dates for all

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discovery, dispositive motions, and trial. (ECF No. 223.) The Court ordered all dispositive

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motions to be heard on or before September 21, 2017. (ECF No. 223 at 4.) On two separate

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occasions the parties asked for and were granted an extension of the discovery deadline. (ECF

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Nos. 229 & 243.) However, the parties never sought an extension of the dispositive motion

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deadline. On November 29, 2017, well past the deadline, two separate sets of Defendants moved

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for summary judgment through their attorney of record Gregory Gilbert. (ECF Nos. 272 & 273.)

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Defendants’ Motions for Summary Judgment (ECF Nos. 272 & 273) are, therefore, untimely.

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Accordingly, Defendants’ Motions for Summary Judgment are hereby STRICKEN and will not

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be considered.

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The Court recommends the parties review the Pretrial Scheduling Order (ECF No. 223) to
adequately and timely prepare for the upcoming Pretrial Conference and Trial.
IT IS SO ORDERED.

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Dated: December 1, 2017

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Troy L. Nunley
United States District Judge

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