J & J Sports Productions, Inc. v. Tamayo, et al

Filing 35

ORDER signed by District Judge Kimberly J. Mueller on 02/02/16 ORDERING that plaintiff is to file any supplemental opposition briefing to defendants' 23 cross-motion for summary judgment within 7 days and not to exceed 15 pages; defendants&# 039; reply brief, if any, shall be filed no later than 7 days thereafter and shall not exceed 10 pages. Neither party shall engage in any further filings of dispositive motions. The balance of the case schedule is RESET as follows: Final Pretrial Conference RESET for 5/20/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller with a joint pretrial staetment due 04/22/16; Jury Trial RESET for 7/25/2016 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

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No. 2:14-cv-01997-KJM-CKD

Plaintiff,
v.

ORDER

JULIO TAMAYO, et al.,

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Defendants.

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At issue is whether the court should consider defendants’ cross-motion for

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summary judgment despite its filing after the dispositive motions deadline.

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On September 14, 2015, plaintiff re-filed its motion for summary judgment with

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the assigned magistrate judge after first filing it incorrectly with the undersigned.1 ECF No. 18.

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Thereafter, plaintiff was ordered to show cause why the motion for summary judgment should not

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be stricken given the scheduling order filed February 26, 2015, ECF No. 15, which states all

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dispositive motions were to be “completed by October 7, 2015.” ECF No. 19. The order to show

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At the time the motion for summary was first filed, defendant was proceeding pro se.
Plaintiff was thus directed to comply with Local Rules 302(c)(21) and 230(a), and re-notice the
motion before the assigned magistrate judge. ECF No. 17.
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cause was discharged on September 24, 2015, ECF No. 21, after plaintiff filed its response, ECF

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No. 20.

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On October 7, 2015, defendants filed a notice of appearance of counsel, ECF No.

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22, and plaintiff’s motion for summary judgment was referred back to this court, ECF No. 25.

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Defendants subsequently opposed plaintiff’s motion for summary judgment and filed the instant

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cross-motion, ECF No. 23. Plaintiff replied, opposing the late filing of defendants’ cross-motion.

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ECF No. 33.

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In reviewing the procedural history of this case, the court notes that both sides

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have engaged in filing documents belatedly. ECF Nos. 18, 23. On balance, given the court’s

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strong interest in resolving disputes on the merits, the court will entertain defendants’ cross-

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motion for summary judgment. See O’Connell v. Potter, 274 Fed. Appx. 518, 519 (9th Cir. 2008)

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(district court can extend deadline to file dispositive motions to adjudicate case more efficiently).

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Accordingly, the court ORDERS plaintiff to file any supplemental opposition

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briefing it desires to defendants’ cross-motion for summary judgment, ECF No. 23. The

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supplemental opposition briefing shall not exceed fifteen (15) pages, and shall be filed within

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seven (7) days of this order. Defendants’ reply brief, if any, shall be filed no later than seven (7)

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days after the filing of plaintiff’s opposition, and shall not exceed ten (10) pages. Neither party

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shall engage in any further filings of dispositive motions.

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In light of the pending motion for summary judgment, and the supplemental

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briefings to be filed, the balance of the case schedule is RESET as follows: the parties shall file a

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joint pretrial statement no later than 4/22/2016, the Final Pretrial Conference set for 3/11/2016 is

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VACATED and RESET for 5/20/2016, and the Jury Trial set for 4/11/2016 is VACATED and

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RESET for 7/25/2016 at 9:00 AM in Courtroom 3.

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IT IS SO ORDERED.

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DATED: February 2, 2016.

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UNITED STATES DISTRICT JUDGE

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