Brown v. Stroud et al

Filing 398

ORDER re Briefing on 387 MOTION For Relief From Nondispositive Pretrial Order re 335 Order filed by Andrew B. Stroud. Signed by Magistrate Judge Donna M. Ryu on 4/3/2012. (hlkS, COURT STAFF) (Filed on 4/3/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN AMES BROWN,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

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ORDER RE BRIEFING ON
DEFENDANTS’ “MOTION FOR
RELIEF FROM NONDISPOSITIVE
PRETRIAL ORDER”

ANDREW B. STROUD, et al.,

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No. C 08-02348 JSW (DMR)

Defendants.
___________________________________/

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The court is in receipt of Defendants Andrew Stroud and Stroud Productions and Enterprises,

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Inc.’s “Motion for Relief from Nondispositive Pretrial Order (Dkt # 335) per Local Rule 72-2.”

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[Docket No. 387.] The motion seeks relief from the court’s September 26, 2011 order requiring

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Melissa Newel, counsel for Stroud, to travel from California to New York to assist Stroud personally

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in identifying and producing additional recordings in his possession. Although the motion is styled

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as a motion for relief pursuant to Civil Local Rule 72-2, which governs objections to an order of a

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Magistrate Judge, the court notes that Defendants submitted a proposed order for signature by the

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undersigned Magistrate Judge rather than the presiding District Judge. [Docket No. 391.] The court

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further notes that Defendants filed the motion more than 14 days after entry of the September 26,

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2011 order, making any objections to that order untimely pursuant to FRCP 72(a). The court

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therefore construes Defendants’ motion as a motion for leave to file a motion for reconsideration

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pursuant to Civil Local Rule 7-9. The court hereby GRANTS Defendants leave to file the motion

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for reconsideration.

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Pursuant to Civil Local Rule 7-9(d), the court hereby orders that any opposition to

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Defendants’ motion for reconsideration may not exceed three (3) pages in length and must be filed

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by April 6, 2012, after which the matter will be taken under submission and may be decided without

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oral argument. No reply brief may be filed. If the court determines that a hearing is necessary, it

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will notify the parties of the time and date of hearing.

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IT IS SO ORDERED.

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Dated: April 3, 2012

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DONNA M. RYU
United States Magistrate Judge

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For the Northern District of California

United States District Court

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