Biocini et al v. City Of Oakland

Filing 53

ORDER Denying 51 Motion to Expedite Hearing on Motion to Set Aside Agreement to Settle. Motion Hearing set for 4/4/2016 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Hon. Thelton E. Henderson on 02/25/16. (tehlc2, COURT STAFF) (Filed on 2/25/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANA BIOCINI, et al.,
Plaintiffs,

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v.
CITY OF OAKLAND, et al.,

Case No. 14-cv-03315-TEH
ORDER DENYING
ADMINISTRATIVE MOTION TO
EXPEDITE HEARING

Defendants.

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On February 24, 2016, Plaintiffs filed a Motion to Set Aside the Settlement

United States District Court
Northern District of California

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Agreement of January 8, 2016. Docket No. 49. The same day, Plaintiffs filed an

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Administrative Motion to Expedite Hearing on the Motion to Set Aside the Settlement

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Agreement. Docket No. 51. Plaintiffs request an expedited hearing date of March 21,

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2016. Id. at 1-2.

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The Civil Local Rules require that “all motions [] be filed, served and noticed in

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writing on the motion calendar of the assigned Judge for hearing not less than 35 days after

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filing of the motion.” Civ. L. R. 7-2(a). Accordingly, with a filing date of February 24,

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2016, the earliest date that Plaintiffs’ Motion could be heard – and also be in compliance

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with the Civil Local Rules – is Wednesday, March 30, 2016. Because the Court holds its

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motion calendar on Mondays, the earliest possible date for hearing Plaintiffs’ Motion is

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therefore Monday, April 4, 2016.

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The only reason provided by Plaintiffs for expediting their Motion hearing is that

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Plaintiffs’ counsel is not available on March 28, 2016. Docket No. 51 at 2. Plaintiffs

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provided no reason that this matter cannot be heard on the earliest available date under the

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Civil Local Rules – April 4, 2016. And given the Court’s otherwise demanding trial and

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motion calendar for the month of March, the Court declines to expedite the hearing to a

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time before the earliest available date.

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Accordingly, Plaintiffs’ Administrative Motion is hereby DENIED, and Plaintiffs’

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Motion to Set Aside the Settlement Agreement of January 8, 2016 is hereby set for oral

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argument on April 4, 2016 at 10:00 AM in Courtroom 2, 17th Floor, San Francisco. The

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briefing schedule for that Motion shall also be set according to the Civil Local Rules:

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responses are due by March 9, 2016; and replies are due by March 16, 2016.

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IT IS SO ORDERED.

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Dated: 02/25/16

_____________________________________
THELTON E. HENDERSON
United States District Judge

United States District Court
Northern District of California

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