Veloz v. Pacific Gas & Electric Company et al

Filing 112

OPPORTUNITY FOR RESPONSE RE FMLA. Response due by noon on May 6.. Signed by Judge Alsup on May 2, 2014. (whalc1, COURT STAFF) (Filed on 5/2/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RICHARD VELOZ,

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For the Northern District of California

United States District Court

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No. C 12-06309 WHA

Plaintiff,
v.
PACIFIC GAS AND ELECTRIC
COMPANY and IBEW LOCAL 1245,

OPPORTUNITY FOR
RESPONSE RE FMLA

Defendants.
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The undersigned judge is tentatively of the view that plaintiff never timely raised the

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Family Medical Leave Act (FMLA) issue. This may be sandbagging on the eve of trial. On

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April 24, 2014, defendant PG&E filed a reply objecting to this new theory. Plaintiff has not

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requested a sur-reply.

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Nevertheless, the Court would like to give plaintiff an additional opportunity to respond

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in advance of the May 7 hearing. By NOON ON MAY 6, plaintiff may file a response not to

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exceed ten pages. By NOON ON MAY 6, defendants may file a response (not to exceed three

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pages) to plaintiff’s untimely opposition to PG&E’s motion in limine number 1 to exclude

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evidence and argument regarding claims not pleaded or exhausted by plaintiff.

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IT IS SO ORDERED.
Dated: May 2, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE