Cordona v. Rien's Sandy Beach et al

Filing 22

ORDER DENYING PLAINTIFF'S MOTION FOR ORDER SHORTENING TIME TO HEAR PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. Plaintiff's motion for an order shortening time is denied, and plaintiff's motion for a preliminary injunction shall be heard on February 27, 2009. Signee by Judge Maxine M. Chesney on January 28, 2009. (mmclc1, COURT STAFF) (Filed on 1/28/2009)

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 In his motion for a preliminary injunction, plaintiff seeks an order enjoining defendants from, inter alia, "further prosecution of the eviction action . . . pending in state court." (See [Proposed] Order Granting Preliminary Injunction at 2:10-12.)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

RICHARD CARDONA, Plaintiff, v. RIEN'S SANDY BEACH, et al., Defendants /

No. C-08-5566 MMC ORDER DENYING PLAINTIFF'S MOTION FOR ORDER SHORTENING TIME TO HEAR PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

United States District Court

Before the Court is plaintiff's "Motion for Order Shortening Time to Hear Plaintiff's Motion for Preliminary Injunction," filed January 20, 2009. Defendants have not filed a response thereto. Having read and considered plaintiff's motion for an order shortening time, the Court finds that plaintiff has failed to show good cause to have his motion for a preliminary injunction heard on shortened time. Plaintiff, for example, fails to show there is any likelihood that trial on the state court eviction action, let alone any determination thereon, will occur prior to February 27, 2009, the date on which plaintiff's motion for a preliminary injunction would be heard on the 35-day schedule provided by the Civil Local Rules of this District. See Civil L.R. 7-2(a).1

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Accordingly, plaintiff's motion for an order shortening time is hereby DENIED, and plaintiff's motion for a preliminary injunction shall be heard on February 27, 2009. IT IS SO ORDERED.

Dated: January 28, 2009

MAXINE M. CHESNEY United States District Judge

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