Stephen v. Williams et al

Filing 43

ORDER DENYING MOTION FOR ENTRY OF DEFAULT; SETTING BRIEFING SCHEDULE 38 42 25 29 31 (Illston, Susan) (Filed on 6/27/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JIMMIE STEPHEN,

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Plaintiff,

United States District Court
For the Northern District of California

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No. C 12-3722 SI (pr)
ORDER DENYING MOTION FOR
ENTRY OF DEFAULT; SETTING
BRIEFING SCHEDULE

v.
DR. REYES,

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Defendant.
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Plaintiff's motion for entry of default is DENIED. (Docket # 25.) Defendant Reyes was

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not in default because she had filed her answer before the motion for entry of default was filed.

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The other defendants were not in default because they earlier had been dismissed.

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Defendant filed an ex parte request for an extension of time to file a dispositive motion.

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Upon due consideration of the request and the accompanying declaration of attorney Troy

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Overton, the court GRANTS the request. (Docket # 31.) Defendant's motion for summary

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judgment filed on June 10, 2013 is deemed to have been timely filed. Plaintiff filed a cross-

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motion for summary judgment on June 17, 2013. The court now sets the following briefing

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schedule on the parties' cross-motions for summary judgment:

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1.

summary judgment no later than July 26, 2013.

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2.

Defendant must file and serve her opposition to plaintiff's cross-motion for

summary judgment no later than July 26, 2013.

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Plaintiff must file and serve his opposition to defendant's motion for

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2013.

The parties must file and serve their reply briefs no later than August 9,

Just two days after defendant mailed her motion for summary judgment to him, plaintiff

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mailed to the court an "opposition and cross-motion for summary judgment" (Docket # 39) and

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a "motion to strike non-genuine issues" (Docket # 38), and within a couple more days, he mailed

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a second motion to strike (Docket # 42). At this rate, the court will have a rather large pile of

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opposition filings before it is able to decide the cross-motions for summary judgment. The court

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does not want plaintiff to be filing documents as ideas pop into his head, and instead requires

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that he comply with the ordinary requirement that a single opposition be filed in response to a

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pending motion. Plaintiff's motions to strike (Docket # 39 and # 42) are DENIED as premature.

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Plaintiff must file a single opposition brief by the deadline provided in this order in which he

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United States District Court
For the Northern District of California

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asserts all his arguments in opposition to defendant's motion for summary judgment. Each

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party's opposition brief may not exceed 25 pages, and each party's reply brief may not exceed

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15 pages.

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Plaintiff's requests for a copy of the docket sheet and order of service are GRANTED.

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(Docket # 28 and # 29.) The clerk will mail to plaintiff a copy of the docket sheet for this case

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and a copy of docket # 19. From this point forward, plaintiff must pay for copies of all

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documents he requests.

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IT IS SO ORDERED.
Dated: June 27, 2013

_______________________
SUSAN ILLSTON
United States District Judge

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