Allstate Insurance Company v. Pira et al

Filing 87

ORDER STRIKING DEFENDANTS SEPARATE ( 83 , 85 ) BRIEFS AND RESETTING BRIEFING SCHEDULE ON CROSS MOTIONS FOR SUMMARY JUDGMENT. Responses / Cross Motions due by 1/28/2013; Replies due by 2/4/2013; Replies due by 2/11/2013. Signed by Judge Claudia Wilken on 1/25/2013. (ndr, COURT STAFF) (Filed on 1/25/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 ALLSTATE INSURANCE COMPANY, an Illinois Corporation, 6 Plaintiff, 7 8 9 United States District Court For the Northern District of California 10 No. C 11-3511 CW v. ANDREW PIRA, RICHARD PIRA, and ALEXANDER YIN, Defendants. ________________________________/ ORDER STRIKING DEFENDANT’S SEPARATE BRIEFS (Docket Nos. 83 and 85) AND RESETTING BRIEFING SCHEDULE ON CROSS-MOTIONS FOR SUMMARY JUDGMENT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AND ALL RELATED COUNTERCLAIMS AND CROSS-CLAIMS ________________________________/ On May 10, 2012, the Court held a case management conference and, among other things, set a briefing schedule for the parties’ cross-motions for summary judgment. Pursuant to that schedule, Defendant Alexander Yin was required to file his opposition to Plaintiff Allstate Insurance Company’s motion for summary judgment and his cross-motion for summary judgment “contained in a single brief.” Docket No. 55. The parties subsequently stipulated to continue the briefing schedule, with Court approval. See Docket Nos. 59, 60, 62, 63. Under the modified schedule, Defendant was required to file his opposition and cross-motion by January 24, 2013. Docket No. 63. Plaintiff was required to file its reply in support of its motion and opposition to Defendant’s cross-motion, contained in a single brief, by January 31, 2013. Id. 1 On January 25, 2013, one day after its filing deadline, 2 Defendant filed two separate briefs: an opposition to Plaintiff’s 3 motion for summary judgment and a separate cross-motion for 4 summary judgment. Docket Nos. 83 and 85. 5 The Court STRIKES the separate briefs filed by Defendant 6 (Docket Ns. 83 and 85) and RESETS the briefing schedule on the 7 cross-motions for summary judgment as follows: 8 file a single brief, of twenty-five pages or less, containing its 9 opposition and cross-motion, by Monday, January 28, 2013. Defendant shall United States District Court For the Northern District of California 10 Plaintiff shall file its reply and opposition to Defendant’s 11 cross-motion, contained in a single brief of fifteen pages or 12 less, by Monday, February 4, 2013. 13 in support of its cross-motion, in a brief of fifteen pages or 14 less, by Monday, February 11, 2013. 15 management conference currently for March 7, 2013 at 2:00 p.m. are 16 maintained. 17 Defendant shall file its reply The hearing and further case IT IS SO ORDERED. 18 19 Dated: 1/25/2013 CLAUDIA WILKEN United States District Judge 20 21 22 23 24 25 26 27 28 2

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