Great America Insurance Company et al v. Chang et al

Filing 14

ORDER Directing Compliance with this District's Civil Local Rules with respect to the Re-filing of Defendants' Motion to Dismiss. Signed by Magistrate Judge Laurel Beeler on 5/18/2012. (lblc2, COURT STAFF) (Filed on 5/18/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco
GREAT AMERICA INSURANCE
COMPANY, et al.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiffs,
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v.
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No. C 12-00833 LB
ORDER DIRECTING COMPLIANCE
WITH THIS DISTRICT’S CIVIL
LOCAL RULES WITH RESPECT TO
THE RE-FILING OF DEFENDANTS’
MOTION TO DISMISS

MICHAEL CHANG, et al.,
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[Re: ECF No. 12]
Defendants.
_____________________________________/
On May 16, 2012, Defendants Michael Chang and Roxanne Chang filed a motion to dismiss

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Plaintiff Great America Insurance Company’s complaint. Motion to Dismiss, ECF No. 12. In the

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court’s Electronic Case Filing (“ECF”) system, Defendants noticed their motion for hearing before

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the undersigned on Thursday, August 2, 2012. Id. (docket text). Defendants also entered deadlines

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requiring Plaintiffs’ opposition to be due by July 12, 2012 and Defendants’ reply to be due by July

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30, 2012 (docket text).

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The noticed hearing date is acceptable because this court’s civil law and motion calendar is held

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on the first and third Thursdays of each month. Defendants, though, failed to include the hearing

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date and time on any of the papers submitted. See Motion to Dismiss, ECF No. 12 at 1; Notice of

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Motion, ECF No. 12-3 at 1. This District’s Civil Local Rule 7-2(b) requires that the noticed hearing

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date and time be found on the motion’s caption page and in its first paragraph. N.D. Cal. Civ. L.R.

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7-2(b)(1), (2).

C 12-00833 LB

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Defendants’ selected briefing deadlines also do not comply with this District’s Civil Local Rules.

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The court did not give Defendants permission to set these briefing deadlines, and the court does not

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know why they were selected. This District’s Civil Local Rule 7-3(a) and (c) set clear deadlines for

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briefing on noticed motions. N.D. Cal. Civ. L.R. 7-3(a) (“Any opposition to a motion must be

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served and filed not more than 14 days after the motion is served and filed.”), (c) (“Any reply to an

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opposition must be served and filed by the moving party not more than 7 days after the opposition is

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served and filed.”).

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Defendants are directed to re-notice their motion in accordance with Civil Local Rule 7-2.

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Briefing on the motion shall proceed in accordance with Civil Local Rule 7-3. All parties are
directed to review this District’s Civil Local Rules and comply with them for all future filings and

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proceedings.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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IT IS SO ORDERED.
Dated: May 18, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 12-00833 LB

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