Schwarzer v. UFCW-Northern California Employer's Joint Pension Plan

Filing 28

ORDER REGARDING THE BRIEFING SCHEDULE AND HEARING DATE FOR 27 DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. Replies due by 12/16/2013. The court CONTINUES the hearing on Defendants' motion for summary judgment from December 19, 2013 to Ja nuary 16, 2014 at 9:30 a.m. in Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California, 94102. Motion Hearing set for 1/16/2014 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Signed by Judge Laurel Beeler on 10/31/2013. (lblc2, COURT STAFF) (Filed on 10/31/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
WILLIAM SCHWARZ,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,
v.
UFCW-NORTHERN CALIFORNIA
EMPLOYERS JOINT PENSION PLAN,

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No. C13-00977 LB
ORDER REGARDING THE
BRIEFING SCHEDULE AND
HEARING DATE FOR
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT
[Re: ECF No. 27]

Defendant.
_____________________________________/
In this case, Plaintiff William Schwarz has sued Defendant UFCW-Northern California

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Employers Joint Pension Plan to recover disability benefits to which he claims he is entitled. See

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generally Complaint, ECF No. 1. In their first joint case management conference statement, the

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parties requested larger then usual time periods for the briefing on their summary judgment motions.

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See 5/31/2013 CMC Statement, ECF No. 13 at 7-8. Specifically, they asked that October 15, 2013

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be set as the deadline for the parties to file motions for summary judgment, that November 15, 2013

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be set as the deadline for oppositions to those motions, and that December 15, 2013 be set as the

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deadline for replies in support of those motions. Id. After the initial case management conference

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that was held on June 6, 2013, the court set the briefing deadlines that the parties requested (except

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that the court set the deadline for filing replies on December 16, 2013—one day later than

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requested—because December 15, 2013 is a Sunday). CMC Order, ECF No. 16 at 2. The court also

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set January 16, 2014 as the last day for hearing those motions. Id.

C 13-00977 LB
ORDER

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On October 15, 2013, Defendant filed a motion for summary judgment and noticed it for hearing

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on December 19, 2013. Motion, ECF No. 27. When filing the motion on the court’s Electronic

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Case File (“ECF”), Defendant correctly set the deadline for the opposition on November 15, 2013,

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but incorrectly set the deadline for the reply on December 12, 2013. As described above, the court

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previously set the deadline for the reply on December 16, 2013, so the court will reset that deadline

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within ECF.

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This corrected reply deadline (and even the incorrect one, frankly), however, does not provide

upon an extremely large administrative record, before the December 19, 2013 hearing date.

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Moreover, when the court allowed the parties to have long periods between briefs, the court

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contemplated having additional time for itself to review those briefs and issue an order on the

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For the Northern District of California

the court much time to review the by-then fully briefed summary judgment motion, which relies

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UNITED STATES DISTRICT COURT

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motion, and as such set the deadline for hearing dispositive motions on January 16, 2014. While

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Defendant properly noticed its motion for hearing pursuant to Civil Local Rule 7, given the situation

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described above, the court believes that continuing the hearing from December 19, 2013 to January

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16, 2014 is appropriate. Accordingly, the court CONTINUES the hearing on Defendants’ motion

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for summary judgment from December 19, 2013 to January 16, 2014 at 9:30 a.m. in Courtroom C,

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15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California,

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94102.

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IT IS SO ORDERED.
Dated: October 31, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 13-00977 LB
ORDER

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