Chau v. Young et al

Filing 32

ORDER DENYING DEFAULT AND DISCOVERY MOTIONS, AND SETTING NEW BRIEFING SCHEDULE 13 15 19 20 23 (Illston, Susan) (Filed on 12/16/2013)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

EDDIE CHAU,

9

Plaintiff,

United States District Court
For the Northern District of California

10
11

No. C 13-764 SI (pr)
ORDER DENYING DEFAULT AND
DISCOVERY MOTIONS, AND
SETTING NEW BRIEFING
SCHEDULE

v.
J. YOUNG; et al.,

12

Defendants.
/

13
14

Plaintiff's motions for entry of default and default judgment are DENIED. (Docket # 13

15

and # 15.) None of the defendants were in default at the time of plaintiff's motions because they

16

had requested and received an extension of their deadline to file a dispositive motions. At the

17

time plaintiff filed his motions, defendants' dispositive motion was not yet due, let alone

18

overdue.

19

Plaintiff filed a motion to compel production of documents and a motion to compel

20

answers to requests for admissions. (Docket # 19.) Thereafter the parties filed a stipulated

21

discovery agreement (Docket # 23) that, among other things, stipulated to the court vacating the

22

motions to compel. Accordingly, the motions to compel are now VACATED. (Docket # 19 and

23

# 23)

24

Defendants filed a request for an extension of time to file their dispositive motion. Upon

25

due consideration of the request and the accompanying declaration of attorney Kevin Voth, the

26

court GRANTS the request. (Docket # 20.) The court now sets the following new briefing

27

schedule: Defendants' motion to dismiss and for summary judgment filed on October 25, 2013

28

1

is deemed to have been timely filed. Plaintiff must file and serve on defense counsel his

2

opposition to the motion to dismiss and for summary judgment no later than January 24, 2014.

3

Defendants must file and serve their reply brief (if any) no later than February 7, 2014.

4
5

IT IS SO ORDERED.
Dated: December 16, 2013

_______________________
SUSAN ILLSTON
United States District Judge

6
7
8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2