Delaney v. SimplexGrinnell LP

Filing 39

ORDER DENYING WITHOUT PREJUDICE re 22 MOTION for Summary Judgment. Revisedmotion due by 12/15/2011.. Signed by Judge Maria-Elena James on 12/1/2011. (cdnS, COURT STAFF) (Filed on 12/1/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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COMERLIS DELANEY,
Plaintiff,

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No. CV10-05103 MEJ

v.
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SIMPLEXGRINNELL L.P.,

ORDER RE DEFENDANT’S
SUMMARY JUDGMENT MOTION

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Defendant.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Defendant’s Motion for Summary Judgment (Dkt. No. 22) is DENIED WITHOUT

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PREJUDICE since the parties, as discussed at today’s hearing, applied the wrong legal standard in

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analyzing at least some of Plaintiff’s causes of action. If Defendant wishes to refile a dispositive

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motion, it must do so by December 15, 2011. Plaintiff’s opposition must be filed by December 29,

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2011. Defendant’s reply, if any, must be filed by January 6, 2011. The Court will only schedule a

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hearing if it deems one necessary. The parties are ORDERED to comply with this Court’s Standing

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Order which requires motions for summary judgment to be accompanied by a joint statement of

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undisputed facts in compliance with Civil Local Rule 56-2(b).

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IT IS SO ORDERED.

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Dated: December 1, 2011
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Maria-Elena James
Chief United States Magistrate Judge