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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 THOMAS T. AOKI, and AOKI DIABETES RESEARCH INSTITUTE, a California non-profit corporation, 13 Plaintiffs, 14 15 No. 2:11-cv-02797-TLN-CKD ORDER v. GREGORY FORD GILBERT, et al., 16 Defendants. 17 On February 1, 2016, this Court issued a Pretrial Scheduling Order setting the dates for all 18 19 discovery, dispositive motions, and trial. (ECF No. 223.) The Court ordered all dispositive 20 motions to be heard on or before September 21, 2017. (ECF No. 223 at 4.) On two separate 21 occasions the parties asked for and were granted an extension of the discovery deadline. (ECF 22 Nos. 229 & 243.) However, the parties never sought an extension of the dispositive motion 23 deadline. On November 29, 2017, well past the deadline, two separate sets of Defendants moved 24 for summary judgment through their attorney of record Gregory Gilbert. (ECF Nos. 272 & 273.) 25 Defendants’ Motions for Summary Judgment (ECF Nos. 272 & 273) are, therefore, untimely. 26 Accordingly, Defendants’ Motions for Summary Judgment are hereby STRICKEN and will not 27 be considered. 28 /// 1 1 2 3 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. 4 5 Dated: December 1, 2017 6 7 Troy L. Nunley United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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