Viteri-Butler v. University of California, Hastings College of the Law et al
Filing
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ORDER re 78 MOTION for Summary Judgment and/or Partial Summary Judgment filed by University of California, Hastings College of the Law, 83 MOTION for Summary Judgment of Affirmative Defenses filed by Sara Viteri-Butler; ORDER re further briefing. Signed by Judge Hamilton on 1/23/2014. (pjhlc1, COURT STAFF) (Filed on 1/23/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SARA VITERI-BUTLER,
Plaintiff,
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For the Northern District of California
United States District Court
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v.
No. C 12-2651 PJH
ORDER
UNIVERSITY OF CALIFORNIA,
HASTINGS COLLEGE OF THE LAW,
et al.,
Defendants.
_______________________________/
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Defendant's motion for summary judgment came on for hearing before this court on
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January 22, 2014. Plaintiff Sara Viteri-Butler appeared by her counsel Spencer Smith and
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Dow Patten, and defendant University of California, Hastings College of the Law
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("Hastings"), appeared by its counsel Michael Vartain. At the hearing, the court ordered as
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follows:
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1.
No later than January 29, 2014, plaintiff shall file a third amended complaint
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correcting the errors noted by the court at the hearing, and appending copies of all
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administrative charge(s) and right-to-sue letter(s) issued by the EEOC and/or DFEH.
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2.
Plaintiff's Rule 56(d) motion is DENIED.
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3.
The record remains open so that the parties can file supplemental briefs as
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follows and as directed by the court during the hearing:
(a)
No later than February 12, 2014, Hastings shall file a motion for
summary judgment, not to exceed five pages, on the ERISA cause of action.
(b)
No later than February 26, 2014, plaintiff shall file a combined
supplemental response to Hastings' original motion for summary judgment, not to exceed
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ten pages, and incorporating the additional discovery; and response to Hastings' motion
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regarding the ERISA claim, not to exceed five pages.
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(c)
No later than March 5, 2014, Hastings shall file a reply to plaintiff's
supplemental opposition, not to exceed ten pages.
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Plaintiff's motion for summary judgment as to the affirmative defenses is
taken under submission, pending the ruling on Hastings' motion.
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IT IS SO ORDERED.
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Dated: January 23, 2014.
______________________________
PHYLLIS J. HAMILTON
United States District Judge
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For the Northern District of California
United States District Court
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