Pacific Shores Property Owners Association et al v. Federal Aviation Administration et al

Filing 32

ORDER re 21 MOTION to Dismiss filed by Federal Aviation Administration, 22 MOTION to Intervene filed by Mimi and Bob Stephens, Earl McGrew, Maxine Curtis, Michael Headley, Northcoast Environmental Center, Smith River Alliance. Signed by Judge Hamilton on 10/31/2013. (pjhlc1, COURT STAFF) (Filed on 10/31/2013)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8
9
PACIFIC SHORES PROPERTY
OWNERS ASSOCIATION, et al.,

11
For the Northern District of California

United States District Court

10

Petitioners/Plaintiffs,

No. C 13-2827 PJH

12
v.
13
14

FEDERAL AVIATION ADMINISTRATION,
et al.,

15

ORDER RE BRIEFING SCHEDULE;
ORDER RE HEARING DATE

Respondents/Defendants.
_________________________________/

16
17

On October 10, 2013, respondent/defendant Federal Aviation Administration (“FAA”)

18

filed a motion to dismiss the claims asserted against it. The motion was noticed for hearing

19

on November 20, 2013. Under the Civil Local Rules of this court, the opposition of

20

petitioners/plaintiffs was due on October 24, 2013. See Civ. L.R. 7-3. However, no

21

opposition was filed until October 31, 2013 – one day after the date the FAA’s reply brief

22

was due under the Local Rules. The court will allow the FAA one additional week to file a

23

reply. The reply will be due no later than November 7, 2013.

24

Proposed intervenors have also noticed a motion for leave to intervene for

25

November 20, 2013. The motion to intervene was filed on October 16, 2013, making the

26

opposition due on October 30, 2013. Both respondents/defendants filed notices of no

27

opposition by that date, but petitioners/plaintiffs again failed to comply with Local Rule 7-3.

28

Accordingly, no opposition having yet been filed, the hearing date for the motion to

1

intervene is VACATED. The opposition shall be filed no later than November 6, 2013, and

2

any reply shall be filed no later than November 13, 2013. The court will decide the motion

3

on the papers.

4

The court cautions counsel for petitioners/plaintiffs that he is expected to comply

5

with all court rules, including the Rules of Civil Procedure and the Civil Local Rules of this

6

court.

7
8

IT IS SO ORDERED.

9

Dated: October 31, 2013
______________________________
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