Richard Flemming v. County of Alameda, et al.

Filing 19

ORDER Granting Plaintiff's Motion for Leave to File Opposition and Setting Consolidated Briefing and Hearing Schedule by Judge Thelton E. Henderson. All replies now due 02/06/15; consolidated hearing on 02/23/15 at 10:00 A.M. (tehlc2, COURT STAFF) (Filed on 1/26/2015)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

RICHARD FLEMMING,
Plaintiff,

5
6
7
8

v.
COUNTY OF ALAMEDA, et al.,
Defendants.

Case No. 14-cv-05542-TEH
ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO FILE
OPPOSITION AND SETTING
CONSOLIDATED BRIEFING AND
HEARING SCHEDULE

9
10

Plaintiff’s opposition to County Defendants’ motion to dismiss was due on January

United States District Court
Northern District of California

11

6, 2015. The Court ordered Plaintiff’s counsel to show cause for her failure to file a timely

12

opposition as required by the Local Rules. The Court is satisfied with counsel’s response.

13

On January 21, 2015, Plaintiff filed a motion requesting leave to file his out-of-time

14

opposition. (Docket No. 17). After reviewing the motion, the Court hereby GRANTS

15

Plaintiff’s request to file his out-of-time opposition. Note: Generally, parties should not

16

file out-of-time submissions until granted leave to do so by the Court. Instead, the out-of-

17

time submission should be attached as an exhibit to the motion for leave; after the Court

18

grants leave, the party can then file the out-of-time submission. Nevertheless, the Court

19

will accept Plaintiff’s opposition, (Docket No. 18), and not require it to be re-filed.

20

The Court FURTHER ORDERS that the remaining briefing and hearing schedule

21

on County Defendants’ motion to dismiss shall be consolidated with the briefing and

22

hearing schedule for State Defendant’s motion to dismiss. Replies for both motions are

23

now due on or before February 6, 2015, and both motions shall be set for hearing on

24

February 23, 2015, at 10:00 A.M.

25
26

IT IS SO ORDERED.

27

Dated: 01/26/15

28

_____________________________________
THELTON E. HENDERSON
United States District Judge