Mariolle v. Volvo Group North America Inc. et al

Filing 302

ORDER RE: DEFENDANT VOLVO'S MOTION FOR STAY OF ENFORCEMENT OF JUDGMENT; SETTING BRIEFING SCHEDULE. Plaintiffs shall file any opposition no later than October 30, 2012. Volvo shall file its reply, if any, no later than November 2, 2012. Unless otherwise ordered, the matter will stand submitted on November 2, 2012, or the date on which Volvo files its reply, whichever is earlier. Signed by Judge Maxine M. Chesney on October 25, 2012. (mmclc2, COURT STAFF) (Filed on 10/25/2012)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9
For the Northern District of California

United States District Court

10

RAYMOND MARIOLLE,

11
12
13
14

No. C 09-1209 MMC

Plaintiff,

ORDER RE: DEFENDANT VOLVO’S
MOTION FOR STAY OF ENFORCEMENT
OF JUDGMENT; SETTING BRIEFING
SCHEDULE

v.
VOLVO GROUP NORTH AMERICA, INC.,
et al.,
Defendants.

15

/

16
17
18
19
20
21
22
23
24
25
26
27
28

Before the Court is the “Ex Parte Motion by Defendant Volvo Trucks North America,
Inc. [“Volvo”] for an Order Staying Enforcement of the Judgment Pending the Filing of a
Supersedeas Bond, Or Alternatively, for an Order Shortening Time to Hear a Motion
Thereon,” filed October 19, 2012.
Contrary to its title, however, the relief sought thereby is not appropriate for
consideration on an ex parte basis. See Civil L.R. 7-10 (providing for ex parte motion only
if authorized by “statute, Federal Rule, local rule or Standing Order” and requiring “citation
to the statute, rule or order which permits the use of an ex parte motion to obtain the relief
sought”).
Nor can said motion be construed as a motion for administrative relief. See Civil
L.R. 7-11 (providing for motion “with respect to miscellaneous administrative matters, not
otherwise governed by a federal statute, Federal or local rule or standing order,” such as
“motions to exceed otherwise applicable page limitations or motions to file documents

1

under seal”); see also Fed. R. Civ. P. 62 (setting forth circumstances under which stay of

2

execution of judgment may be obtained and procedure for filing supersedeas bond).

3

Accordingly, the Court hereby SETS the following briefing schedule:

4

1. Plaintiffs shall file any opposition no later than October 30, 2012.

5

2. Volvo shall file its reply, if any, no later than November 2, 2012.

6

3. Unless otherwise ordered, the matter will stand submitted on November 2, 2012,

7
8

or the date on which Volvo files its reply, whichever is earlier.
IT IS SO ORDERED.

9
10

Dated: October 25, 2012
MAXINE M. CHESNEY
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2