Kalani v. Castle Park, LLC et al

Filing 44

ORDER signed by Judge Lawrence K. Karlton on 3/12/14 STRIKING 43 Motion for Summary Judgment; CONTINUING 35 MOTION for SUMMARY JUDGMENT to 4/7/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT KALANI,

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No. CIV. S-12-2330 LKK/CKD

Plaintiff,
v.

ORDER

CASTLE VILLAGE LLC, FUJINAKA
PROPERTIES, L.P.,

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Defendants.
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1.

On February 14, 2014, defendants noticed a summary

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judgment motion for March 17, 2014 (ECF No. 35).

On March 10,

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2014, defendants noticed a second summary judgment motion (ECF
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No. 43), scheduling it for hearing on April 7, 2014.
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The court’s review of both motions shows that they are in
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essence, one motion divided into two parts.

The first part

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argues that plaintiff’s Americans with Disability Act (“ADA”)
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lawsuit should be dismissed because the facilities at issue are
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not places of public accommodation.

The second part argues that

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even if the court finds that the facilities are public
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accommodations, the lawsuit should nevertheless be dismissed as
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moot.
The court concludes that defendants are attempting to

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circumvent the court’s 30-page limit on motion papers, as the

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combined motion is in excess of 30 pages.

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11, 2012 (ECF No. 4) ¶ 11 (“Unless prior permission has been

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granted, memoranda of law in support of and in opposition to

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motions are limited to thirty (30) pages ….

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cautioned against filing multiple briefs to circumvent this

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rule”).

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See Order of September

The parties are also

Accordingly, the court orders defendants’ second summary
judgment motion (ECF No. 43) STRICKEN from the docket.
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Defendants’ surviving motion for summary judgment (ECF

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No. 35), currently noticed for March 17, 2014, is hereby

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CONTINUED to April 7, 2014, so that it may be heard together with

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plaintiff’s summary judgment motion (ECF No. 41).

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IT IS SO ORDERED.

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DATED:

March 12, 2014.

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