Edward/Ellis v. New United Motors Manufacturing, Inc.

Filing 63

ORDER RE HEARING ON MOTION FOR SUMMARY JUDGMENT (whalc2, COURT STAFF) (Filed on 12/4/2008) (Additional attachment(s) added on 12/5/2008: # 1 Certificate of Service) (dt, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 REGINALD EDWARD/ELLIS, Plaintiff, v. NEW UNITED MOTORS MANUFACTURING INC., Defendant. / ORDER RE HEARING ON MOTION FOR SUMMARY JUDGMENT No. C 07-05452 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

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Plaintiff, who is now acting pro se, filed this lawsuit alleging, inter alia, claims for wrongful termination, slander and breach of the collective bargaining agreement. Defendant moved for summary judgment, and a hearing on the motion is scheduled for December 18, 2008. Plaintiff is currently incarcerated in San Quentin prison and therefore filed a request for an order allowing him to appear at the hearing. Because the Court finds that a hearing on the motion is unnecessary, the December 18 hearing is hereby VACATED. The motion will be decided on the papers. Plaintiff's request is therefore moot. Plaintiff has filed two documents, a "motion for summary judgment or in the alternative summary adjudication," and a "declaration of Reginald Edward/Ellis opposing defendant's motion for summary judgment." Because plaintiff filed no other opposition to defendant's motion, the Court interprets these documents as plaintiff's opposition to defendant's motion and

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a declaration in support thereof. The deadline for filing any new dispositive motions has passed (Dkt. No. 22 ¶ 9).

IT IS SO ORDERED.

Dated: December 4, 2008

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

United States District Court

11
For the Northern District of California

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