Terrell v. Harder Mechanical Contractors Inc et al

Filing 125

ORDER GRANTING 122 EX PARTE APPLICATION MOVING HEARING DATE FOR DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT AND CASE MANAGEMENT CONFERENCE FROM JUNE 9, 2011 TO JUNE 23, 2011 (DOCKET NO. 122). 94 , 97 , 102 , 107 Motion Hearing set for 6/23/2011 02:00 PM before Hon. Claudia Wilken. Case Management Statement due by 6/16/2011. Further Case Management Conference set for 6/23/2011 02:00 PM. Signed by Judge Claudia Wilken on 5/11/2011. (ndr, COURT STAFF) (Filed on 5/11/2011)

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LORI A. BOWMAN CA Bar No. 114664
[e-mail]
LESLIE E. WALLIS CA Bar No. 128435
[e-mail]
ALEX SANTANA, CA Bar No. 252934
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213.239.9045

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Attorneys for Defendants
FLUOR CONSTRUCTORS INTERNATIONAL, INC.
8 and GENE ARCENEAUX
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LINDA TERRELL
Plaintiff,

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v.

HARDER MECHANICAL
CONTRACTORS INC, a corporation,
16 FLOUR CONSTRUCTION, an
corporation, and GENE ARCENEAUX, an
17 individual,
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Defendants.

Case No. CV 10-1080 CW (DMR)
ORDER GRANTING EX PARTE
APPLICATION MOVING HEARING
DATE FOR DEFENDANTS’
MOTIONS FOR SUMMARY
JUDGMENT AND CASE
MANAGEMENT CONFERENCE
FROM JUNE 9, 2011 TO JUNE 23,
2011 (DOCKET NO. 122)
Complaint Filed: March 12, 2010
Trial Date:
July 11, 2011
Judge:
Hon. Claudia Wilken
(Ctrm. 2, 4th Floor, Oakland)

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Terrell. Order re Ex
Parte Application

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Case No. CV 10-1080 CW
EX PARTE APPLICATION MOVING HEARING DATE FOR PENDING MOTIONS FOR SUMMARY
JUDGMENT OR PARTIAL SUMMARY JUDGMENT AND CMC FROM JUNE 9, 2011 TO JUNE 23, 2011

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Defendants Fluor Constructors International, Inc. (“FCII”) and Gene Arceneaux

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(collectively, “Defendants”), hereby apply to the Court ex parte for an Order moving the

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hearing date for all pending motions and the case management conference currently set to

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be heard on June 9, 2011 to June 23, 2011. All parties are available on June 23, 2011 and

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there is no opposition to Defendants’ request to move the date of the hearing.

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Defendants are not requesting any changes to the briefing schedule for any of the motions

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or the date of filing of the case management conference statement. Defendants are only

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requesting a change of the hearing date due to conflicts which do not permit Defendants’

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counsel to attend the hearing on June 9, 2011.

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The relief requested by this application is appropriately sought on an ex parte

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basis pursuant to Federal Rules of Civil Procedure, Rule 6(b)(1). The undersigned

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counsel has advised counsel for all other parties in this action that such an ex parte

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request will be made to this Court due to scheduling conflicts by counsel for Defendants.

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Defendants are not available for the hearing on June 9, 2011. both lead counsel have

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scheduling conflicts. Lori Bowman will be out of the state and Leslie Wallis must be in

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Los Angeles on that date. (See Declaration of Leslie E. Wallis (“Wallis Dec.”) ¶ 3)

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On May 6, 2011, the Court moved the hearing date on the three motions for

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summary judgment filed against Plaintiff from June 2, 2011 to June 9, 2011. (Dkt. 119)

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On the morning of May 9, 2011, the Court issued an order moving the hearing on the

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remaining motion for partial summary judgment filed by Defendants against Defendant

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Harder Mechanical and moved the Case Management Conference to June 9, 2011 as

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well. (Dkt 121)

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Upon receipt of the court’s orders, Counsel for Defendants checked the court’s

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calendar showed the first available date for hearing the summary judgment motion after

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June 9 was June 23 (Wallis Dec. ¶ 4) Therefore, on May 9, 2011, counsel for

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Terrell. Order re Ex
Parte Application

calendar in light of Counsels’ unavailability on the new hearing date. The court’s on-line

Defendants notified counsel for Plaintiff and counsel for Harder of the calendaring

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Case No. CV 10-1080 CW
ORDER GRANTING EX PARTE APPLICATION MOVING HEARING DATE FOR PENDING MOTIONS
FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT AND CMC FROM JUNE 9, 2011
TO JUNE 23, 2011

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conflicts and the need to continue the hearing date and asked whether they were available

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on June 23, advising them that this date was available on the court’s on-line calendar.

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Both counsel responded that they were available on June 23, 2011. (Wallis Dec. ¶¶ 4-5)

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Counsel for Defendants Harder Mechanical Contractors, Inc. is available on June

5 23, 2011 and is not opposed to this application. (Wallis Dec. ¶ 5) Counsel for Plaintiff
6 Linda Terrell (“Plaintiff”) is also available on June 23, 2011 and has stated that they will
7 not oppose this application. Id. However, Plaintiff’s counsel has requested that
8 Defendants file this ex parte application as they are not willing to sign a stipulation
9 moving the hearing date. Id. Therefore, all parties are available on the proposed hearing
10 date and no party opposes this request to move the hearing date on all pending motions
11 and the case management conference from the current date of June 9, 2011 at 2:00 p.m.
12 to June 23, 2011 at 2:00 p.m. Based on the foregoing, the court has good cause to move
13 the hearing date to June 23, 2011 at 2:00 p.m. as requested herein.
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16 DATED: May 10, 2011
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OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.

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By: /s/ Leslie E. Wallis _______________
Lori A. Bowman
Leslie E. Wallis
Attorneys for Defendants FLUOR
CONSTRUCTORS
INTERNATIONAL, INC. and GENE
ARCENEAUX

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Terrell. Order re Ex
Parte Application

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Case No. CV 10-1080 CW
ORDER GRANTING EX PARTE APPLICATION MOVING HEARING DATE FOR PENDING MOTIONS
FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT AND CMC FROM JUNE 9, 2011
TO JUNE 23, 2011

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ORDER

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Having considered the ex parte application of Defendants Fluor Constructors

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International, Inc. and Gene Arceneaux for an order moving all pending motions and the

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case management conference currently set for hearing on June 9, 2011 to June 23, 2011,

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and finding good cause therefore,

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IT IS HEREBY ORDERED that all pending motions for summary judgment or

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partial summary judgment currently set to be heard on June 9, 2011 and the case

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management conference will now be heard on June 23, 2011 at 2:00 p.m. This order

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does not change the briefing schedule set by the Court in its May 6, 2011 Order. Docket

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No. 119.

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Dated: May 10, 2011

_______________________________
Judge Claudia A. Wilken

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Terrell. Order re Ex
Parte Application

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Case No. CV 10-1080 CW
EX PARTE APPLICATION MOVING HEARING DATE FOR PENDING MOTIONS FOR SUMMARY
JUDGMENT OR PARTIAL SUMMARY JUDGMENT AND CMC FROM JUNE 9, 2011 TO JUNE 23, 2011