Emma C., et al v. Eastin, et al

Filing 1938

ORDER construing 1933 MOTION to Strike 1925 Opposition/Response to Motion, filed by California Department of Education as objection to Plaintiffs' evidence. Plaintiffs' response to CDE's objection due by 6/4/14. Signed by Judge Thelton E. Henderson on 5/28/14. (tehlc1, COURT STAFF) (Filed on 5/28/2014) Modified on 5/28/2014 (tmi, COURT STAFF).

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 EMMA C., et al., Plaintiffs, 5 6 7 8 v. DELAINE EASTIN, et al., Defendants. Case No. 96-cv-04179-TEH ORDER RE: DEFENDANT CALIFORNIA DEPARTMENT OF EDUCATION’S MOTION TO STRIKE 9 10 On May 21, 2014, Defendant California Department of Education (“CDE”) moved United States District Court Northern District of California 11 to strike the report of Sam Howarth, which Plaintiffs submitted in support of their 12 opposition to CDE’s motion to set aside the Monitor’s January 9, 2014 determinations. 13 The Court will construe CDE’s motion to strike as an objection to evidence rather than a 14 noticed motion. Accordingly, the briefing schedule based on Civil Local Rule 7-3, which 15 governs noticed motions, is vacated. Plaintiffs shall file a response to CDE’s objection on 16 or before June 4, 2014, and the matter will then be deemed submitted. 17 18 IT IS SO ORDERED. 19 20 21 22 23 24 25 26 27 28 Dated: 5/28/14 _____________________________________ THELTON E. HENDERSON United States District Judge

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