Hart et al v. City of Alameda

Filing 59

ORDER DENYING DEFENDANT'S MOTION TO STRIKE; DENYING DEFENDANT'S REQUEST FOR SANCTIONS; GRANTING ALTERNATIVE REQUEST FOR OPPORTUNITY TO RESPOND TO PLAINTIFFS' MEMORANDUM. Defendant's response shall be filed no later than April 20, 2009 and shall not exceed five pages in length, independent of exhibits and/or declarations. Signed by Judge Maxine M. Chesney on April 13, 2009. (mmclc2, COURT STAFF) (Filed on 4/13/2009)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the Court are plaintiffs' "Supplemental Memorandum of Points and Authorities in Support of Motion for Summary Adjudication of Claims and Issues [City Manager Authority]," filed April 3, 2009, and defendant's "Objections and Motion to Strike Plaintiffs' Supplemental Memorandum of Points and Authorities and Declaration Regarding City Manager Authority Issue Vis-a-Vis Motion for Summary Adjudication; Request for Sanctions," filed April 6, 2009. As defendant points out, plaintiffs, at the March 13, 2009 hearing, neither requested nor received approval to file a supplemental memorandum concerning the authority of the City Manager. Such issue was, however, raised by plaintiffs at the hearing, albeit for the first time, and the Court finds additional briefing thereon may be of assistance. Accordingly, defendant's motion to strike and request for sanctions are hereby DENIED, and defendant's alternative request for an opportunity to respond to plaintiffs' v. CITY OF ALAMEDA, Defendant. / DENNIS HART, et al., Plaintiffs, No. C-07-5845 MMC ORDER DENYING DEFENDANT'S MOTION TO STRIKE; DENYING DEFENDANT'S REQUEST FOR SANCTIONS; GRANTING ALTERNATIVE REQUEST FOR OPPORTUNITY TO RESPOND TO PLAINTIFFS' MEMORANDUM United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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supplemental memorandum is hereby GRANTED. Defendant's response shall be filed no later than April 20, 2009 and shall not exceed five pages in length, independent of exhibits and/or declarations. IT IS SO ORDERED.

Dated: April 13, 2009

MAXINE M. CHESNEY United States District Judge

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