David Guerra v. Linear Technology Corp. et al

Filing 18

Order by Hon. Phyllis J. Hamilton denying 8 Ex Parte Motion to Shorten Time.(pjhlc2S, COURT STAFF) (Filed on 10/4/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID GUERRA,

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Case No. 16-cv-05514-PJH

Plaintiff,

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v.

ORDER DENYING MOTION TO
SHORTEN TIME

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LINEAR TECHNOLOGY CORP., et al.,

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Defendants.

Re: Dkt. No. 8

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United States District Court
Northern District of California

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Before the court is plaintiff David Guerra’s motion to shorten time and set an

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expedited briefing and hearing schedule for his motion for a preliminary injunction.

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Having read the parties’ papers, and good cause appearing, the court hereby DENIES

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the motion. Plaintiff has not shown the required diligence in seeking relief to justify

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briefing and argument on an emergency schedule. The transaction complained of was

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announced in July and the challenged proxy statement was disclosed at least as of

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September 16. Nor has plaintiff demonstrated the required substantial prejudice

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necessary under Local Rule 6-3(a).

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Accordingly, the hearing date of October 12, 2016 is hereby VACATED. Plaintiff
may re-notice a hearing date in accordance with 35-day timeframe of the Local Rules.
IT IS SO ORDERED.
Dated: October 4, 2016

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PHYLLIS J. HAMILTON
United States District Judge