Tsang et al v. Office Depot, Inc.

Filing 73

ORDER by Judge Charles R. Breyer striking 70 Motion for Summary Judgment; granting 71 Ex Parte Application (crblc2, COURT STAFF) (Filed on 11/26/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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GARY TSANG,
Plaintiff,

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No. C12-00427 CRB
ORDER GRANTING EX PARTE
APPLICATION TO STRIKE AND TAKE
OFF CALENDAR DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT

v.
OFFICE DEPOT,
Defendant.

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Defendant Office Depot’s recently filed Motion for Summary Judgment (dkt. 70) runs

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counter to this Court’s order of December 13, 2013 that Defendant select its “best case” for

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summary judgment and proceed on it alone. The Court has already ruled upon Defendant’s

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one summary judgment motion. See Minutes (Case No. 12-6263, dkt. 34). The Court set

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trial in this case for January 20, 2015. See Order Regarding the Trial Date (Case No. 12-

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6263, dkt. 37). The time for summary judgment has passed. Accordingly, the Court

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GRANTS Plaintiff’s ex parte Application, STRIKES the recently filed Motion for Summary

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Judgment, and VACATES the hearing currently set for January 16, 2015.

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IT IS SO ORDERED.

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Dated: November 26, 2014
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE