County of Santa Cruz et al v. Leavitt

Filing 113

ORDER REGARDING TIMING OF MOTIONS. Signed by Judge Jeffrey S. White on 4/24/12. (jjoS, COURT STAFF) (Filed on 4/24/2012)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

SANTA CRUZ COUNTY, et al.,

11
For the Northern District of California

United States District Court

10

Plaintiffs,

No. C 07-02888 JSW

v.

12

KATHLEEN SEBELIUS,

13

ORDER REGARDING TIMING
OF MOTIONS

Defendant.
/

14
15

The parties dispute whether Defendant’s motion to dismiss or, in the alternative, for

16

summary judgment or Plaintiffs’ motion to compel and augment the record should be heard

17

first. Upon consideration of the parties’ briefing regarding which motion should be adjudicated

18

first, the Court determines that it will adjudicate Defendant’s motion to dismiss or, in the

19

alternative, for summary judgment first. Therefore, the Court authorizes Defendant to re-notice

20

the motion. This order is without prejudice to Plaintiffs demonstrating, in opposition to

21

Defendant’s motion, that a continuance is required pursuant to Federal Rule of Civil Procedure

22

56(d).

23

IT IS SO ORDERED.

24
25
26
27
28

Dated: April 24, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE