Smalley et al v. Home Depot U.S.A., Inc.

Filing 84

ORDER. Signed by Judge Joseph C. Spero on December 3, 2012. (jcslc2, COURT STAFF) (Filed on 12/3/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HAROLD SMALLEY, et al.,

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Plaintiffs,
v.

ORDER FOR JOINT STATEMENT OF
UNDISPUTED FACTS

HOME DEPOT U.S.A., INC.,

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For the Northern District of California

United States District Court

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Case No. C-11-2951 JCS

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Defendant.
___________________________________/

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Defendant has filed a motion for summary judgment, which is set for hearing on January 4,
2013. The Court’s Standing Order on Motions for Summary Judgment provides as follows:
The parties shall file a joint statement of undisputed facts. If the parties are unable to reach
complete agreement after meeting and conferring, they shall file a joint statement of the
undisputed facts about which they do agree. Separate statements of undisputed facts shall not
be filed and will not be considered by the Court.

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Civil Standing Orders for Magistrate Judge Joseph C. Spero, Revised 11/03/08, ¶ 17; see also Dkt.

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No. 2, Attachment #1. No joint statement of undisputed facts has been filed in support of the

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pending summary judgment motion. See Dkt. No. 70. Instead, Defendant has filed a “Joint

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Statement” which Defendant contends Plaintiff’s counsel agrees to. This “Joint Statement” is not

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signed by both parties, and is therefore not in compliance with this Court’s Standing Order, and

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accordingly, will not be considered by the Court.

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IT IS HEREBY ORDERED that the parties shall file a joint statement of undisputed facts in

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compliance with the Court’s Standing Order by December 10, 2012. The parties are cautioned that

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any party who objects to a proposed fact without a reasonable basis for doing so may

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be subject to sanctions. Similarly, the Court may deem any proposed fact to which Plaintiff does not

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respond to be undisputed.

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IT IS SO ORDERED.
Dated: December 3, 2012
___________________________
JOSEPH C. SPERO
United States Magistrate Judge

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For the Northern District of California

United States District Court

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