Burgener v. Union Pacific Corporation

Filing 48

ORDER CONTINUING 42 MOTION FOR SUMMARY JUDGMENT AND 44 CROSS-MOTION FOR SUMMARY JUDGMENT. Motion Hearing set for 4/10/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. Pretrial Conference set for 4/17/2009 11:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 3/5/09. (jflc2, COURT STAFF) (Filed on 3/5/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
C a s e No. C 07-5160 JF (HRL) O R D E R CONTINUING MOTION FOR SUMMARY JUDGMENT AND CROSS-MOTION FOR SUMMARY JU D G M EN T ( JF L C 2 )

**E-Filed 3/5/09**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FREDERICK N. BURGENER, Plaintiff, v. UNION PACIFIC CORPORATION, Defendant.

Case Number C 07-5160 JF (HRL) ORDER CONTINUING MOTION FOR SUMMARY JUDGMENT AND CROSS-MOTION FOR SUMMARY JUDGMENT

[re: document nos. 42, 44 ]

Plaintiff did not file his cross-motion for summary judgment at least thirty-five days prior to the hearing date as required by this Court's Civil Local Rule 7-2(a), and did not contact chambers before noticing his motion as required by this Court's standing order. Accordingly, the motion is procedurally defective. However, for reasons of judicial economy, the Court prefers to hear the cross-motions on the same date. Accordingly, the Court HEREBY ORDERS as follows: (1) Both motions are CONTINUED to April 10, 2009 at 9:00 a.m. Any opposition to the cross-motion shall be filed and served on or before March 20, 2009. Any reply shall be filed and served on or before March 27, 2009;

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

(2)

The pretrial conference set for March 27, 2009 is CONTINUED to April 17, 2009 at 11:00 a.m.; and

(3)

Trial remains set for May 11, 2009 at 1:30 p.m.

DATED: 3/5/09

__________________________________ JEREMY FOGEL United States District Judge

2
C a s e No. C 07-5160 JF (HRL) O R D E R CONTINUING MOTION FOR SUMMARY JUDGMENT AND CROSS-MOTION FOR SUMMARY JU D G M EN T ( JF L C 2 )

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Copies of Order served on:

Stephanie Lynn Quinn [e-mail], [e-mail], [e-mail] Steven L. Herrick [e-mail] Thomas A. Cregger [e-mail], [e-mail], [e-mail], [e-mail] Daniel M Mayfield Carpenter & Mayfield 730 North 1st Street San Jose, CA 95112

3
C a s e No. C 07-5160 JF (HRL) O R D E R CONTINUING MOTION FOR SUMMARY JUDGMENT AND CROSS-MOTION FOR SUMMARY JU D G M EN T ( JF L C 2 )