Reynolds v. City and County of San Francisco et al
Filing
67
ORDER RE SCHEDULING. Signed by Judge Richard Seeborg on 10/25/11. (cl, COURT STAFF) (Filed on 10/25/2011)
**E-filed 10/25/11**
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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For the Northern District of California
United States District Court
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RON E. REYNOLDS,
Plaintiff,
v.
No. C 09-0301 RS
ORDER RE SCHEDULING
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CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.
____________________________________/
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Defendants seek an extension of the deadline for hearing dispositive motions, in light of lead
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counsel’s impending family leave. Plaintiff is correct that defendant’s motion is not properly
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characterized as one brought under Civil Local Rule 7-11. It is not the case, however, that
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defendants were required to bring the motion on 35 days notice, absent a separate application for an
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order shortening time. Rather, because the relief defendants seek is only an enlargement of the time
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in which they must file any dispositive motions, the motion could properly be brought as a stand-
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alone motion under Civil Local 6-3. The deadline for oppositions to be filed is identical under
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Rules 6-3 and 7-11, so plaintiff was not prejudiced by the mislabeling of the motion.
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As plaintiff points out, however, good cause for the requested extension of time must still be
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shown. Defendants have not established that an extension of the dispositive motion hearing
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deadline to April of 2012 is appropriate, although some relief is warranted. Accordingly, it is
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hereby ordered that the deadline for hearing any dispositive motions is extended to March 8, 2012,
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with the motions to be filed at least 35 days in advance. To minimize the potential of any prejudice
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to plaintiff, dispositive motions shall not be set for hearing any earlier than March 1, 2012, and
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regardless of when such motions may be actually filed, the briefing schedule shall be calculated
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from the noticed hearing date, with opposition due 21 days in advance, and reply due 14 days in
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advance. No other dates or deadlines will be altered at this juncture, and the parties should make
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every effort to complete all pending depositions and any other fact discovery as presently scheduled.
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IT IS SO ORDERED.
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For the Northern District of California
United States District Court
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Dated: 10/25/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
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