McEnroe v. AT&T Mobility Services LLC

Filing 44

ORDER DENYING DEFENDANT LEAVE TO FILE MULTIPLE MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Haywood S. Gilliam, Jr. on 12/14/2015. (ndrS, COURT STAFF) (Filed on 12/14/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SARA MCENROE,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-cv-02190-HSG

v.
AT&T MOBILITY SERVICES LLC,

ORDER DENYING DEFENDANT
LEAVE TO FILE MULTIPLE
MOTIONS FOR SUMMARY
JUDGMENT

Defendant.

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At the case management conference on September 29, 2015, Defendant AT&T Mobility

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Services LLC indicated that it wished to file an “early” motion for summary judgment focused

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solely on whether Plaintiff Sara McEnroe’s claim for unlawful termination in violation of public

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policy is barred by the statute of limitations. The Court ordered Defendant to file a letter brief by

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December 4, 2015 summarizing the evidence and argument it would present in support of any

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such early motion for summary judgment. See Dkt. No. 36.

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The Court is in receipt of both Defendant’s timely filed letter brief and Plaintiff’s

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responsive letter brief filed December 9, 2015. Based on these filings, the Court finds that the

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record is not yet sufficiently developed to allow the Court to resolve the statute of limitations issue

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as a matter of law. Accordingly, the Court in its discretion DENIES leave to Defendant to file

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multiple motions for summary judgment. Of course, Defendant may file a motion for summary

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judgment, on any issue it thinks appropriate, at any time that complies with the Court’s Scheduling

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Order. See Dkt. No. 36. However, if Defendant does not prevail on that summary judgment

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motion, the Court will not allow it to file a second motion for summary judgment.

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In light of the Court’s ruling, the deadline to hear Defendant’s early motion for summary
judgment, currently set for January 28, 2016, is VACATED.
IT IS SO ORDERED.
Dated: December 14, 2015

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________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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