Operating Engineers' Pension Trust Fund et al v. Clarks Welding And Machine et al

Filing 90

ORDER Denying Request for Oral Argument; Permitting Sur-Reply (sclc2, COURT STAFF) (Filed on 11/30/2009)

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For the Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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OPERATING ENGINEERS' PENSION TRUST ) FUND; GIL CROSTHWAITE AND RUSS ) BURNS, as Trustees, ) ) ) Plaintiffs, ) ) v. ) ) CLARK'S WELDING AND MACHINE, a California partnership, aka ) CLARK'S WELDING, aka CLARK'S ) WELDING AND MACHINING; SYLVESTER ) HABERMAN, individually, and FRANZ ) ) EDELMAYER, individually, ) ) Defendants. ) )

Case No. 09-0044 SC ORDER DENYING REQUEST FOR ORAL ARGUMENT

On November 20, 2009, Defendants Clark's Welding and Machine, Sylvester Haberman, and Franz Edelmayer requested oral argument with respect to Plaintiffs' Motion for Summary Judgment. No. 84 ("Request"). Docket

Defendants contend Plaintiffs introduced new Id. at 2. The

evidence and arguments in their Reply brief. request for oral argument is DENIED.

The hearing on the Motion

for Summary Judgment scheduled for Friday, December 4, 2009, is VACATED and the Motion for Summary Judgment will be decided on the papers. There will be no oral arguments and no appearances.

While the Court may later determine that it should not consider the alleged new evidence and arguments, at this juncture

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For the Northern District of California

of the proceedings, and in order to provide Defendants with an opportunity to respond, Defendants may file a Sur-Reply not to exceed five (5) pages. The Sur-Reply must be e-filed before 5:00

p.m. on Thursday, December 3, 2009.

IT IS SO ORDERED.

Dated: November 30, 2009 UNITED STATES DISTRICT JUDGE

United States District Court

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