Cox v. Allin Corporation Plan et al
Filing
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ORDER by Judge Saundra Brown Armstrong DENYING DEFENDANTS 119 MOTION FOR LEAVE TO RAISE ONE ADDITIONAL POINT IN SUPPORT OF MOTION FOR RECONSIDERATION. (ndr, COURT STAFF) (Filed on 1/6/2015)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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6 ELGIN COX,
Plaintiff,
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vs.
9 ALLIN CORPORATION PLAN and UNUM
Case No: C 12-5880 SBA
ORDER DENYING DEFENDANTS’
MOTION FOR LEAVE TO RAISE
ONE ADDITIONAL POINT IN
SUPPORT OF MOTION FOR
RECONSIDERATION
LIFE INSURANCE COMPANY OF
10 AMERICA; DELL, INC.
COMPREHENSIVE WELFARE BENEFITS
11 PLAN; DELL, INC., ADMINISTRATION
AND INVESTMENT COMMITTEE;
12 AETNA LIFE INSURANCE COMPANY,
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Defendants.
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On September 30, 2014, the Court issued its Order adjudicating the parties’ cross-
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motions for summary judgment and referring the parties for a mandatory settlement
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conference before Magistrate Judge Donna Ryu (“Magistrate”). Dkt. 98. On October 20,
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2014—before the settlement conference was scheduled to take place—Defendants filed a
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motion for leave to file a motion for reconsideration. Dkt. 101. On October 30, 2014,
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Plaintiff also filed a motion for leave to file a motion for reconsideration. Dkt. 109.
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On November 7, 2014, the parties informed the Court that, from their perspective, it
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would be pointless to proceed with the settlement conference, which resulted in its
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cancellation by the Magistrate. Dkt. 110, 111. In view of that development, the Court
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issued a briefing schedule directing the parties to file their respective responses to the
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other’s motion for leave to file a motion for reconsideration by December 1, 2014. Dkt.
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112. That deadline was twice extended based on the parties’ stipulated requests. Dkt. 114,
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116. The parties filed their respective responses on December 11, 2014. Dkt. 117, 118.
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Both motions are now under submission.
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On December 30, 2014, Defendants submitted the instant Motion for Leave to Raise
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One Additional Point in Support of Motion for Reconsideration. Dkt. 119. Local Rule 7-9,
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which governs motions for leave to file a motion for reconsideration, specifies that:
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“The moving party must specifically show reasonable diligence in bringing the motion.”
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Civ. L.R. 7-1(b) (emphasis added). No such showing has been made. Defendants readily
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admit that their “additional point” could and should have been raised in their original
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motion filed on October 20, 2014, but that “it just occurred [to them]” to make it at this
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juncture. Id. at 1:24. Moreover, permitting Defendants to, in effect, supplement their
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motion two months after the fact would be prejudicial to Plaintiff, since briefing on the
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pending motions is now closed. Accordingly,
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IT IS HEREBY ORDERED THAT Defendants’ Motion for Leave to Raise One
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Additional Point in Support of Motion for Reconsideration is DENIED. Absent exigent
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circumstances, no additional motions or requests may be filed in this action pending the
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Court’s ruling on the pending motions for leave to file motions for reconsideration.
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IT IS SO ORDERED.
Dated: 1/6/15
______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
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