Encompass Holdings Inc. v. Daly et al

Filing 219

ORDER RE: DEFENDANTS' JOINT MOTION TO RE-NOTICE MOTION. Signed by Magistrate Judge Bernard Zimmerman on 8/31/2011. (bzsec, COURT STAFF) (Filed on 8/31/2011)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

ENCOMPASS HOLDINGS, INC.,

12

Plaintiff(s),

13
14

v.
CAREY F. DALY II, et al.,

15
Defendant(s).
16
17

)
)
)
)
)
)
)
)
)
)
)

No. C09-1816 BZ
ORDER RE: DEFENDANTS’ JOINT
MOTION TO RE-NOTICE MOTION

Before the Court is defendants’ Joint Re-Notice of Motion

18

and Joint Motion for Summary Judgment, etc.

19

and 218).

20

did not file a joint statement of undisputed facts to be

21

inadequate.

22

that the facts are not reasonably subject to dispute, the

23

Court will permit the motion to proceed, subject to it being

24

vacated if Mr. Miller’s assertion proves incorrect.

25

regular briefing schedule applies.

26

///

27

///

28

///

(Docket Nos. 217

The Court finds Mr. Miller’s explanation for why he

However, in view of his assertion in paragraph 4

1

The

Plaintiff’s opposition is

1

due by September 9, 2011.

2

by September 16, 2011.

3

Defendants’ reply, if any, is due

Dated: August 31, 2011

4
5
6

Bernard Zimmerman
United States Magistrate Judge
G:\BZALL\-BZCASES\ENCOMPASS V. DALY\ORDER RE DEFS RE-NOTICE OF MOTION.wpd

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2