Flemmer v. Newell, et al.

Filing 36

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Kimberly J. Mueller on 10/16/2015 DISMISSING the plaintiff's usury claim pursuant to the stipulation filed since hearing; ORDERING that the Motion to Dismiss the claim of the defendant, as third -party plaintiff, against the third-party defendants be heard by 11/20/2015; REMINDING all parties to comply with Local Rule 230 and the provisions listed herein; PLACING a page limit of twenty (20) pages for moving papers and oppositions and ten (10) pages for replies; ORDERING that all requests for page limit increases be made in writing at least fourteen (14) days prior to the filing of the motion. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID FLEMMER,

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Plaintiff,

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No. 2:14-cv-00021-KJM-DAD

v.

STATUS (PRETRIAL SCHEDULING)
ORDER

ZENAIDA O. NEWELL, et al.,

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Defendants.

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A status conference was held in this case on October 1, 2015 . J. Luke Hendrix,

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Esq., appeared for plaintiff; Thomas Phinney, Esq., appeared for defendant and James Brunell,

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Esq., appeared for third-party defendant.
Having reviewed the parties’ Joint Status Report filed on September 23, 2015, and

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discussed a schedule for the case with counsel at the hearing, the court makes the following

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orders:
The plaintiff and defendant agree to stipulate to dismissal of plaintiff’s usury

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claim. The court is signing the parties’ stipulation to this effect, submitted since hearing.

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The motion to dismiss the claim of defendant, as third-party plaintiff, against the

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third-party defendants shall be heard no later than November 20, 2015.1 The parties may obtain

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available hearing dates by checking Judge Mueller’s page on the court’s website.

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Local Rule 230 governs the calendaring and procedures of civil motions; the

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following provisions also apply:

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(a)

The opposition and reply must be filed by 4:00 p.m. on the day due; and

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(b)

When the last day for filing an opposition brief falls on a legal holiday, the

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opposition brief shall be filed on the last court day immediately preceding the legal holiday.

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Failure to comply with Local Rule 230(c), as modified by this order, may be deemed consent to

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the motion and the court may dispose of the motion summarily. Brydges v. Lewis, 18 F.3d 651,

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652-53 (9th Cir. 1994).

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The court places a page limit of twenty (20) pages on all moving papers, twenty

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(20) pages on oppositions, and ten (10) pages for replies. All requests for page limit increases

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must be made in writing at least fourteen (14) days prior to the filing of the motion.

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IT IS SO ORDERED.
DATED: October 16, 2015.

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UNITED STATES DISTRICT JUDGE

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Note that this date may not correspond to a law and motion calendar date.
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