Ward v. Equilon Enterprises LLC et al

Filing 56

ORDER RE: BRIEFING. Signed by Judge Richard Seeborg on 3/16/11. (cl, COURT STAFF) (Filed on 3/16/2011)

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Ward v. Equilon Enterprises LLC et al Doc. 56 1 2 3 4 5 6 7 8 9 10 **E-filed 3/16/11** IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KENT WARD, Plaintiffs, v. EQUILON ENTERPRISES, LLC, et al., Defendants. ____________________________________/ No. C 09-4565 RS ORDER RE: BRIEFING On March 14, 2011, defendants filed an objection to a nondispositive pretrial order of the magistrate judge denying their motion for a protective order. The order in question was electronically filed on February 24, 2011. Accordingly, defendants' objection was timely filed.1 By operation of General Order No. 45, IX. A, the parties' receipt of the notice of electronic filing automatically generated by the ECF system is deemed to have been "service" of that order. Under Fed. R. Civ. P. 72(a), any objections to the order were due within 14 days after service. Fourteen days from January 24, 2011 was March 10, 2011. By virtue of paragraph (d) of Rule 6, which provides that where service of a document is made by electronic means, "3 days are added after the period would otherwise expire under Rule 6(a)." Three days following March 10 is March 13, 2011, which was a Sunday. Thus, pursuant to Fed. R. Civ. P. 6 (a)(1)(C), "the period continue[d] to run until the end of the next day that [was] not a Saturday, Sunday, or legal holiday," which in this instance was Monday, March 14, 2011. 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 No later than March 28, 2011, plaintiff shall file any opposition, of no more than five pages in length, to the merits of defendants' objection. Unless otherwise ordered, the matter shall then be submitted for decision without further briefing or oral argument. IT IS SO ORDERED. Dated: 3/16/11 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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