Rezvan v. Philips Electronics North America Corporation

Filing 56

ORDER by Judge Haywood S. Gilliam, Jr. Denying 55 Administrative Motion to submit newly released judicial opinion re 50 Opposition/Response to Motion. (ndrS, COURT STAFF) (Filed on 11/18/2016)

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1 2 3 CHARLES J. WISCH, SBN 68050 LAW OFFICES OF CHARLES J. WISCH 425 California Street, 17th Floor San Francisco, California 94104 Tel (415) 788-1945 Fax (415) 788-1948 4 Attorneys for Plaintiff Layla Rezvan 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 LAYLA REZVAN, ) ) Plaintiff, ) ) vs. ) ) PHILIPS ELECTRONICS NORTH ) AMERICA CORPORATION, ) ) Defendant. ) ____________________________________) Case No. 3:15-cv-04767-HSG PLAINTIFF’S MOTION FOR ADMINISTRATIVE RELIEF TO SUBMIT NEWLY RELEASED JUDICIAL OPINION RELATING TO OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Summary Judgment Hearing Date: submitted September 22, 2016 17 18 Trial Date: January 9, 2017 19 20 21 22 MOTION Plaintiff Layla Rezvan hereby submits the following motion for administrative 23 relief in compliance with Civil LR 7-11, seeking the following relief: an order authorizing 24 Rezvan to submit the judicial opinion issued by the California Court of Appeal on November 16, 25 2016, in Soria v. Univision Radio Los Angeles (copy attached). 26 The motion is brought on the following grounds: 27 1. 28 The defendant’s motion for summary judgment was argued and submitted to the court on September 22, 2016. No ruling has been received. 1 PLAINTIFF’S MOTION FOR ADMINISTRATIVE RELIEF TO SUBMIT NEWLY RELEASED JUDICIAL OPINION RELATING TO OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 1 2. Civil LR 7-3(d)(2) allows parties to submit as “supplementary material” 2 relevant judicial opinions published after the briefing but before the hearing. Otherwise, the rule 3 does not allow submission of newly issued judicial opinions. 4 5 3. The hearing was held on September 22, 2016. The motion remains under 4. The California Court of Appeal issued the attached opinion in Soria v. submission. 6 7 Univision Radio Los Angeles yesterday, November 16, 2016. The facts of the Soria case are 8 different from the present case. However, the Court of Appeal has substantial legal discussion at 9 pages 9 through 15 of the opinion regarding some of the same legal claims at issue here for 10 disability discrimination, failure to accommodate, and failure to engage in the interactive process. 11 That discussion in this newly issued judicial opinion may assist the court with the issues 12 currently under submission on the summary judgment motion. 13 Wherefore, plaintiff requests the court issue an order for administrative relief 14 authorizing Rezvan to submit the attached California Court of Appeal opinion in Soria v. 15 Univision Radio Los Angeles. 16 Dated: November 17, 2016 Respectfully submitted, 17 LAW OFFICES OF CHARLES J. WISCH 18 By ________________________ 27 Ju ER S. Gillia R NIA y wo o d d ge H a m Jr. H 26 RT 25 NO 24 D DENIE LI 23 1191.102 A 22 UNIT ED 21 RT U O S 20 Charles J. Wisch S DISTRICT TE C A T Attorneys for Plaintiff Layla Rezvan FO 19 N F D IS T IC T O R C 28 2 PLAINTIFF’S MOTION FOR ADMINISTRATIVE RELIEF TO SUBMIT NEWLY RELEASED JUDICIAL OPINION RELATING TO OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

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