Hagerty v. American Airlines Long Term Disability Plan

Filing 48

ORDER re 46 Reply to Opposition, filed by American Airlines Long Term Disability Plan. Signed by Magistrate Judge Bernard Zimmerman on 8/11/2010. (bzsec, COURT STAFF) (Filed on 8/11/2010)

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KENNETH R. O'BRIEN, Bar No. 072128 LITTLER MENDELSON A Professional Corporation 2520 Venture Oaks Way, Suite 390 Sacramento, CA 95833.4227 Telephone: [phone] Attorneys for Defendant AMERICAN AIRLINES LONG TERM DISABILITY PLAN FOR FLIGHT ATTENDANTS

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BRIAN HAGERTY, Plaintiff, v. AMERICAN AIRLINES LONG TERM DISABILITY PLAN, Defendant. Case No. CV 09 3299 BZ DEFENDANT'S REQUEST TO STRIKE PLAINTIFF'S PAPERS IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND ALTERNATIVE REQUEST FOR ADDITIONAL TIME TO FILE REPLY PAPERS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION OF CLAIMS Date: Time: Ctrm: Judge: August 31, 2010 1:30 p.m. G, 15th Floor Hon. Bernard Zimmerman

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LIT T LE R ME N D E LS O N
A PR O F E S S I O N A L C O R P O R A T I O N 2520 Ve n tu r e Oa k s Wa y Suite 390 Sa c r a m e n to , C A 95833. 4 2 27 916. 83 0 . 72 0 0

(NO. CV 09 3299 BZ)
FIRMWIDE:96792081.1 009001.1314

DEF'S REQUEST TO STRIKE PLTFF'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT, ET AL.

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LIT T LE R ME N D E LS O N
A PR O F E S S I O N A L C O R P O R A T I O N 2520 Ve n tu r e Oa k s Wa y Suite 390 Sa c r a m e n to , C A 95833. 4 2 27 916. 83 0 . 72 0 0

Pursuant to the Court's Order Scheduling Court Trial and Pretrial Matters, filed on February 2, 2010 (Dock. # 34), the last day for the hearing of dispositive motions was established as August 25, 2010. (Dock. # 34, p. 1.) Defendant's Motion for Summary Judgment was filed on July 21, 2010 noticing the hearing thereon for August 25, 2010. (Dock. # 37, p. 1.) On the same day, the Clerk issued its Clerk's Notice Continuing Hearing Date of Defendant's Motion for Summary Judgment to August 31, 2010, and specifically ordered in bold lettering that "the briefing schedule shall remain the same."1 Accordingly, the last date on which Plaintiff's Opposition to the Motion for Summary Judgment, if any, could have been filed was August 4, 2010. (Local Rule 73(a). Plaintiff failed to file any opposition on August 4, 2010. Instead, Plaintiff filed his numerous and lengthy opposition papers on August 9, 2010 after 5:00 p.m.. Under the current scheduling deadlines, Defendant's Reply Papers in support of its motion would have to be filed by Wednesday, August 11, 2010. Due to Plaintiff's late filing of his opposition papers, Defendant has been deprived of the full time it would otherwise have to analyze Plaintiff's Opposition and reply thereto. Accordingly, Defendant respectfully requests the Court to STRIKE Plaintiff's Opposition papers in their entirety, and ALTERNATIVELY requests that the Court grant Defendant additional time to file its Reply papers in support of the motion up through and including August 17, 2010, which will be two weeks before the Court's hearing on said motion. Dated: August 10, 2010 Respectfully submitted,

/s/ Kenneth R. O'Brien KENNETH R. O'BRIEN LITTLER MENDELSON A Professional Corporation Attorneys for Defendant AMERICAN AIRLINES LONG TERM DISABILITY PLAN

The Court's Local Rules specifically contemplate that an order continuing a hearing date on a motion may also retain the briefing schedule already in effect. (Local Rule 7-7(d).) (NO. CV 09 3299 BZ)
FIRMWIDE:96792081.1 009001.1314

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DEF'S REQUEST TO STRIKE PLTFF'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT, ET AL.

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LIT T LE R ME N D E LS O N
A PR O F E S S I O N A L C O R P O R A T I O N 2520 Ve n tu r e Oa k s Wa y Suite 390 Sa c r a m e n to , C A 95833. 4 2 27 916. 83 0 . 72 0 0

IT IS SO ORDERED. Plaintiff's Opposition Papers to Defendant's Motion for Summary Judgment are STRICKEN as untimely filed; Plaintiff's position is not well taken. In the interests of [ALTERNATIVELY] justice, Defendant may have up through and including August 17, 2010 to file its Reply papers. 11 Dated: August ___, 2010 _________________________________________ HON. BERNARD ZIMMERMAN UNITED STATES MAGISTRATE JUDGE

(NO. CV 09 3299 BZ)
FIRMWIDE:96792081.1 009001.1314

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DEF'S REQUEST TO STRIKE PLTFF'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT, ET AL.