Fonua et al v. The City of San Mateo et al

Filing 47

ORDER GRANTING IN PART AND DENYING WITHOUT PREJUDICE IN PART DEFENDANTS 46 MOTION FOR RELIEF FROM CALENDARING ORDER. Case Management Statement due by 4/28/2011. Further Case Management Conference set for 5/5/2011 02:00 PM. ( to be filed) Motion Hearing set for 5/5/2011 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 3/14/2011. (ndr, COURT STAFF) (Filed on 3/14/2011)

Fonua et al v. The City of San Mateo et al

Doc. 47

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 09-05983 CW KALAKE FONUA and KENNETH ASHTON FONUA, Plaintiffs, ORDER GRANTING IN PART AND DENYING WITHOUT PREJUDICE IN PART DEFENDANTS' MOTION FOR RELIEF FROM CALENDARING ORDER (Docket No. 46) /

CITY OF SAN MATEO, et al., Defendants.

Defendants City of San Mateo, et al., move for relief from the Court's Case Management Order. That Order states that all

"case-dispositive motions [will] be heard at 2:00 P.M. on or before" March 31, 2011 and that a five-day jury trial will begin on July 11, 2011. Defendants misinterpreted the Order,

believed that the deadline to file dispositive motions was March 31, 2011 and now seek an extension on the deadline to file a motion for summary judgment. Defendants also ask that the trial date be Pro se

continued to the third or fourth week of September.

Plaintiffs Kalake Fonua and Kenneth Ashton Fonua did not respond to Defendants' current motion. The Court GRANTS in part Defendants' motion for relief from the Case Management Order and DENIES it without prejudice in part. (Docket No. 46.) If they intend to file a motion for summary If such a

judgment, Defendants shall do so by March 31, 2011.

motion is filed, Plaintiffs' opposition shall be due April 14, 2011. In drafting their opposition, Plaintiffs may consult the

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Court's Handbook for Litigants Without a Lawyer, which is available on the Court's website, www.cand.uscourts.gov. if necessary, shall be due April 21, 2011. Defendants' reply,

A hearing on

Defendants' motion for summary judgment and a further case management conference will be held on May 5, 2011 at 2:00 p.m. Court maintains the July 11, 2011 trial date. If appropriate, The

Defendants may renew their request at the further case management conference. Per Magistrate Judge Ryu's Order of March 3, 2011, a settlement conference will be held on April 22, 2011 at 10:00 a.m. IT IS SO ORDERED.

Dated: 3/14/2011 CLAUDIA WILKEN United States District Judge

2

1 2 3 FONUA et al, 4 Plaintiff, 5 v. 6

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-05983 CW CERTIFICATE OF SERVICE THE CITY OF SAN MATEO et al,

7 Defendant. 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Kalake Fonua 2555 Illinois Street East Palo Alto, CA 94303 Kenneth Ashton Fonua 2555 Illinois Street East Palo Alto, CA 94303 Dated: March 14, 2011 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on March 14, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.