Whitmore v. Does 1-25, inclusive

Filing 60

ORDER to show cause re cross-motion for summary judgment. Signed by Judge Hamilton on 8/21/2014. (pjhlc2, COURT STAFF) (Filed on 8/21/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARLON WHITMORE,
Plaintiff,

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v.
TIMOTHY WILHELM, et al.,

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For the Northern District of California

United States District Court

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No. C 13-1408 PJH
ORDER TO SHOW CAUSE RE
CROSS-MOTION FOR SUMMARY
JUDGMENT

Defendants.
_______________________________/

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On September 30, 2013, the court issued a case management and pretrial order in

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this case. See Dkt. 27. In that order, the court set a deadline of September 10, 2014 for

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dispositive motions to be heard. Civil Local Rule 7-2 requires that “all motions must be

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filed, served, and noticed in writing on the motion calendar of the assigned Judge for

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hearing not less than 35 days after service of the motion.” Thus, any motion to be heard on

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September 10, 2014 was required to be filed no later than August 6, 2014.

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On August 20, 2014, two weeks after the August 6 deadline, defendants Charles

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Blount and Joseph Horsman (“defendants”) filed a cross-motion for summary judgment,

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without any request for leave to extend the court-ordered deadline or even any explanation

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as to why the motion was filed two weeks late. See Dkt. 58. Defendants noticed the

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hearing for September 10, 2014, only 21 days after the motion’s filing (instead of the 35

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days required by Local Rule 7-2), and set plaintiff’s opposition deadline as August 27,

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2014, only seven days after the motion’s filing (instead of the 14 days required by Local

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Rule 7-3).

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Accordingly, the court ORDERS defendants Blount and Horsman to SHOW CAUSE
as to why their motion should not be stricken as untimely. Defendants shall have until

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12:00 noon on August 25, 2014 to respond to this order.
IT IS SO ORDERED.
Dated: August 21, 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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