Viteri-Butler v. University of California, Hastings College of the Law et al

Filing 107

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)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 SARA VITERI-BUTLER, Plaintiff, 8 9 11 For the Northern District of California United States District Court 10 12 v. No. C 12-2651 PJH ORDER UNIVERSITY OF CALIFORNIA, HASTINGS COLLEGE OF THE LAW, et al., Defendants. _______________________________/ 13 14 Defendant's motion for summary judgment came on for hearing before this court on 15 January 22, 2014. Plaintiff Sara Viteri-Butler appeared by her counsel Spencer Smith and 16 Dow Patten, and defendant University of California, Hastings College of the Law 17 ("Hastings"), appeared by its counsel Michael Vartain. At the hearing, the court ordered as 18 follows: 19 1. No later than January 29, 2014, plaintiff shall file a third amended complaint 20 correcting the errors noted by the court at the hearing, and appending copies of all 21 administrative charge(s) and right-to-sue letter(s) issued by the EEOC and/or DFEH. 22 2. Plaintiff's Rule 56(d) motion is DENIED. 23 3. The record remains open so that the parties can file supplemental briefs as 24 25 26 27 28 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 1 ten pages, and incorporating the additional discovery; and response to Hastings' motion 2 regarding the ERISA claim, not to exceed five pages. 3 4 5 6 (c) No later than March 5, 2014, Hastings shall file a reply to plaintiff's supplemental opposition, not to exceed ten pages. 4. Plaintiff's motion for summary judgment as to the affirmative defenses is taken under submission, pending the ruling on Hastings' motion. 7 8 IT IS SO ORDERED. 9 Dated: January 23, 2014. ______________________________ PHYLLIS J. HAMILTON United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?