Ferguson v. Horizon Lines, Inc. et al

Filing 36

ORDER RE PLAINTIFF'S ADMINISTRATIVE MOTION TO CONSIDER DECLARATIONS; ORDER Setting Hearing on Motion 17 MOTION for Summary Judgment or Partial Summary Judgment : Motion Hearing set for 8/9/2012. Signed by Judge Maria-Elena James on 7/30/2012. (cdnS, COURT STAFF) (Filed on 7/30/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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LORRAINE FERGUSON,
No. CV11-3391 MEJ

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Plaintiff,
v.

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HORIZON LINES, INC., et al.,
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For the Northern District of California

UNITED STATES DISTRICT COURT

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Defendants.
_____________________________________/

ORDER RE PLAINTIFF’S
ADMINISTRATIVE MOTION TO
CONSIDER DECLARATIONS
INADVERTENTLY NOT FILED
(DKT. NO. 35)

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Having reviewed Plaintiff’s administrative motion (Dkt. No. 35) for the Court to consider

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four declarations that she inadvertently failed to file along with her opposition (Dkt. No. 27), the

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Court finds that no response is necessary from Defendant and rules as follows:

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1. The declarations of Plaintiff, Paul Mitchell, Brett Lee, and Damon Gomes will be

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considered by the Court as having been filed by Plaintiff along with her opposition (Dkt. No. 27).

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2. If Defendant wishes to address or file evidentiary objections to any part of these

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declarations, it may do so by refiling its reply (Dkt. No. 34) by August 3, 2012. Defendant does not

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need to refile the supplemental declaration of Katharine Essick if it remains the same as currently

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filed.

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3. The hearing on Defendant’s motion for summary judgment (Dkt. No. 17), currently
calendared for August 2, 2012, is continued to August 9, 2012.
IT IS SO ORDERED.

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Dated: July 30, 2012
_______________________________
Maria-Elena James
Chief United States Magistrate Judge