United States Commodity Futures Trading Commission v. Paron Capital Management, LLC et al

Filing 238

ORDER ADDRESSING VARIOUS MATTERS. Signed by Judge Claudia Wilken on 10/12/2012. (ndr, COURT STAFF) (Filed on 10/12/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES COMMODITY FUTURES
TRADING COMMISSION,

No. C 11-4577 CW

Plaintiff,

ORDER ADDRESSING
VARIOUS MATTERS

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United States District Court
For the Northern District of California

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v.
JAMES D. CROMBIE,
Defendant.
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Plaintiff United States Commodity Futures Trading Commission
moves for leave to file a motion for summary judgment not
exceeding twenty-eight pages.

Having considered the papers

submitted by Plaintiff, the Court GRANTS Plaintiff’s motion
(Docket No. 231) and further GRANTS Defendant James D. Crombie a
corresponding page increase in his opposition and cross-motion, as
set forth in the table below.

Accordingly, Defendant’s motion to

strike Plaintiff’s motion for summary judgment for violation of
the page limit set forth in Civil Local Rule 7-4 is DENIED as moot
(Docket No. 235).

The Court also GRANTS Plaintiff’s motion to

file a proposed order (Docket No. 237).
The Court STRIKES Defendant’s motion for summary judgment and
its supporting material (Docket Nos. 202 through 230) as violating
the case management order in this case and VACATES the November
15, 2012 hearing date.

The case management order provides that

Plaintiff’s opening motion for summary judgment was due on October
11, 2012 and that Defendant would file his opposition to
Plaintiff’s motion and his own cross-motion for summary judgment,

all contained in a single brief, on November 15, 2012.

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No. 67.

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case dispositive motions.

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statement of undisputed facts (Docket No. 203) is also STRICKEN

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for violation of Civil Local Rule 56-2(a), which provides that no

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such statement may be submitted without a Court order to do so.

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Defendant may re-file his motion for summary judgment in a single

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brief with his opposition to Plaintiff’s motion, as provided in

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the scheduling order, and subject to the schedule and page limits

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United States District Court
For the Northern District of California

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set forth in the table below, as well as his supporting materials,

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except that Defendant shall not re-file his separate statement of

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undisputed facts.

See Docket

It further set December 20, 2012 as the deadline to hear
Id.

In addition, Defendant’s separate

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The Court TAKES UNDER SUBMISSION Defendant’s motions for

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leave to file counterclaims and third-party complaints on the

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papers (Docket Nos. 191 and 194).

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Thursday, October 25, 2012 at 2:00 p.m. is VACATED.

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Defendant’s motion to appear by telephone at the October 25, 2012

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and November 15, 2012 hearings is DENIED as moot (Docket No. 233).

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The hearing currently set for
Accordingly,

The current schedule for dispositive motions and page limits
for briefs is CONFIRMED as follows:

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Plaintiff’s motion for summary
judgment, in a brief of twentyeight pages or less, is due

October 11, 2012 (already filed
as Docket No. 234)

Defendant’s opposition to
Plaintiff’s motion and his
cross-motion for summary
judgment, both contained in a
single brief of twenty-eight
pages or less, is due

November 15, 2012

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Plaintiff’s reply in support of
its motion and its opposition to
Defendant’s cross-motion, both
contained in a single brief of
fifteen pages or less, is due

November 29, 2012

Defendant’s reply in support of
his motion, in a brief of
fifteen pages or less, is due

December 6, 2012

Joint or separate case
management statements are due

December 13, 2012

Hearing on the cross-motions for
summary judgment and further
case management conference to be
held

December 20, 2012 at 2:00 p.m.

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.

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Dated: 10/12/2012

CLAUDIA WILKEN
United States District Judge

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