Enwere v. Terman Apartments, LP et al

Filing 153

ORDER OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDERS. Signed by Judge Jeremy Fogel on 3/16/09. (jflc3, COURT STAFF) (Filed on 3/16/2009)

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**E-Filed 3/16/09**

IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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CATHY ENWERE, Plaintiff, v. TERMAN APARTMENTS, LP, d/b/a G & K MANAGEMENT CO., Defendant.

Case Number C 07-1239 JF (PVT) ORDER1 OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDERS

On February 13, 2009, Judge Trumbull granted Defendant's motion to compel Plaintiff to appear for a deposition and instructed the parties to submit proposed dates to the court. In the order, Judge Trumbull directed Plaintiff to file any objections thereto not later than February 27, 2009. A deposition subsequently was scheduled for March 16, 2009. On March 6, 2009, Plaintiff filed a document styled "Plaintiff [sic] Motion to dismiss Defendants Entirer [sic] Order for Mental Health Examination & Deposition/When Examination was a Set Up [sic] For Laurie

This disposition is not designated for publication in the official reports.

C a s e No. C 07-1239 JF (PVT) O R D E R OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDERS ( JF L C 3 )

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B. Hiller to Use James R. Missett for a deposition." It has come to this Court's attention that this document was considered an objection to Judge Trumbull's order dated February 13, 2009. This "objection" was not timely filed and must be overruled on that ground alone.2 However, the Court has read the objection and the order to which it pertains and finds that the order was not clearly erroneous or contrary to law. Accordingly, the objection will be overruled and the deposition shall proceed as scheduled.

IT IS SO ORDERED. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff did file a motion for summary judgment on February 27, 2009. However, to the extent that Plaintiff believes that her motion constituted an objection to Judge Trumbull's order, the Court finds no basis for inferring that the motion was directed in any way at the order. 2
C a se No. C 07-1239 JF (PVT) O R D E R OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDERS ( JF L C 3 )
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DATED: 3/16/09 JEREMY FOGEL United States District Judge

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This Order has been served electronically upon the following persons: Cesar Javier del Peral [e-mail] [e-mail]

Eve Helayne Lewin Wagner , Esq James A. Scharf Laurie Beth Hiller Lindsey A. Urbina

[e-mail], [e-mail] [e-mail] [e-mail], [e-mail]

Notice of this Order has been delivered by other means to: Cathy Enwere 1263 Madera Ave. Menlo Park, CA 94025

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C a se No. C 07-1239 JF (PVT) O R D E R OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDERS ( JF L C 3 )