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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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 COMERLIS DELANEY, Plaintiff, 8 No. CV10-05103 MEJ v. 9 SIMPLEXGRINNELL L.P., ORDER RE DEFENDANT’S SUMMARY JUDGMENT MOTION 10 Defendant. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Defendant’s Motion for Summary Judgment (Dkt. No. 22) is DENIED WITHOUT 13 PREJUDICE since the parties, as discussed at today’s hearing, applied the wrong legal standard in 14 analyzing at least some of Plaintiff’s causes of action. If Defendant wishes to refile a dispositive 15 motion, it must do so by December 15, 2011. Plaintiff’s opposition must be filed by December 29, 16 2011. Defendant’s reply, if any, must be filed by January 6, 2011. The Court will only schedule a 17 hearing if it deems one necessary. The parties are ORDERED to comply with this Court’s Standing 18 Order which requires motions for summary judgment to be accompanied by a joint statement of 19 undisputed facts in compliance with Civil Local Rule 56-2(b). 20 IT IS SO ORDERED. 21 22 23 24 25 26 27 28 Dated: December 1, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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