Padgett et al v. City of Monte Sereno et al

Filing 882

ORDER by Judge James Ware denying 865 Ex Parte Application ; terminating 880 Ex Parte Application (jwlc2, COURT STAFF) (Filed on 7/2/2009)

1 2 3 4 5 6 7 8 9 10 Darla Padgett, et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 04-03946 JW ORDER DENYING PLAINTIFFS' EX PARTE APPLICATION FOR ORDER SHORTENING TIME

United United States District Court

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For the Northern District of California

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Brian Loventhal, et al., Defendants. /

Presently before the Court is Plaintiffs' Ex Parte Application for Order Shortening Time for Plaintiffs' Renewed Motion for Judgment as a Matter of Law; or in The Alternative, Request for New Trial. (hereafter, "Application," Docket Item No. 865.) Plaintiffs seek to have their pending motions heard prior to the September 28, 2009 scheduled hearing. Defendants filed a timely opposition. (See Docket Item No. 880.) Plaintiffs contend that not hearing their motion for judgment as a matter of law will prejudice all parties in that they will incur greater expense and, should the Court decide to grant a new trial, witnesses' availability and memories will be at risk. (Application at 3.) Ordinarily, a motion may not be heard "less than 35 days after service of the motion." Civ. L.R. 7-2(a). However, a court may modify its schedule "for good cause." Fed. R. Civ. P. 16(b)(4). Here, Plaintiffs and Defendant Loventhal have noticed post-trial motions for September 28, 2009. (See Docket Item Nos. 859, 868.) In light of the Court's preference for hearing both matters in a single hearing, and the Court's current schedule, the Court finds that it cannot shorten the time for hearing Plaintiffs' and Defendant Loventhal's pending motions.

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Accordingly, the Court DENIES Plaintiffs' Ex Parte Application for Order Shortening Time for Plaintiffs' Renewed Motion for Judgment as a Matter of Law; or in The Alternative, Request for New Trial.

Dated: July 2, 2009

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Andrew Vinson Stearns [e-mail] Joseph C. Howard [e-mail] M. Jeffery Kallis [e-mail] Thomas H R Denver [e-mail]

Dated: July 2, 2009

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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