Guilarte v. Monti et al

Filing 34

ORDER DIRECTING DEFENDANT MONTI TO SERVE NOTICE ON CALIFORNIA ATTORNEY GENERAL; REVISING BRIEFING SCHEDULE ON DEFENDANT MONTI'S MOTION TO DISMISS; CONTINUING CASE MANAGEMENT CONFERENCE. No later than September 23, 2016, Monti shall file w ith the Clerk of Court, and serve on the California Attorney General, a Notice of Claim of Unconstitutionality with a copy of the motion to dismiss and a copy of this Order attached thereto. Proof of such service shall be filed concurrently therewit h. Guilarte shall file his opposition no later than November 23, 2016. If the State of California wishes to intervene, it shall do so and file its response no later than November 23, 2016. Monti shall file any reply no later than December 2, 2016. Th e hearing on Monti's motion to dismiss is continued from October 21, 2016, to December 16, 2016, at 9:00 a.m. The Case Management Conference is continued from October 7, 2016, to January 20, 2017, at 10:30 a.m.; a Joint Case Management Statement shall be filed no later than January 13, 2017. Signed by Judge Maxine M. Chesney on September 20, 2016. (mmclc1, COURT STAFF) (Filed on 9/20/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EDUARDO GUILARTE,
Plaintiff,

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v.
ANDREA MONTI, et al.,
Defendants.

United States District Court
Northern District of California

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Case No. 16-cv-01726-MMC
ORDER DIRECTING DEFENDANT
MONTI TO SERVE NOTICE ON
CALIFORNIA ATTORNEY GENERAL;
REVISING BRIEFING SCHEDULE ON
DEFENDANT MONTI’S MOTION TO
DISMISS; CONTINUING CASE
MANAGEMENT CONFERENCE

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On August 31, 2016, plaintiff Eduardo Guilarte ("Guilarte") filed his Second

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Amended Complaint, in which he alleges that his state law claims against defendant

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Andrea Monti ("Monti") are timely in light of § 351 of the California Code of Civil

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Procedure. In response thereto, Monti filed, on September 14, 2016, a motion to dismiss,

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in which Monti argues, inter alia, § 351 is unconstitutional as applied to the allegations in

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the SAC. Monti has not, however, complied with the Local Rules of this District, as she

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has not filed any document demonstrating she has provided notice of said constitutional

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challenge to the California Attorney Attorney. See Civil L.R. 3-8(b).

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Accordingly, no later than September 23, 2016, Monti shall file with the Clerk of

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Court, and serve on the California Attorney General, a Notice of Claim of

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Unconstitutionality with a copy of the motion to dismiss and a copy of this Order attached

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thereto. Proof of such service shall be filed concurrently therewith. See Fed. R. Civ. P.

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5.1(a)(2).

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In light of the above, the Court sets the following revised schedule as to Monti's
motion to dismiss:
1. Guilarte shall file his opposition no later than November 23, 2016.

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2. If the State of California wishes to intervene for the purpose of responding to

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Monti's constitutional challenge to § 351, it shall do so and file its response no later than

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November 23, 2016. See Fed. R. Civ. P. 5.1(c).

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3. Monti shall file any reply no later than December 2, 2016.

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4. The hearing on Monti's motion to dismiss is hereby CONTINUED from October

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21, 2016, to December 16, 2016, at 9:00 a.m.
5. The Case Management Conference is hereby CONTINUED from October 7,

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2016, to January 20, 2017, at 10:30 a.m. A Joint Case Management Statement shall be

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filed no later than January 13, 2017.

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: September 20, 2016
MAXINE M. CHESNEY
United States District Judge

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