Nagahi v. California Employment Development Department et al

Filing 213

ORDER AMENDING BRIEFING SCHEDULE, VACATING HEARING DATE, AND GRANTING PLAINTIFF'S MOTION TO FILE EXCESS PAGES. Signed by Judge Jeremy Fogel on March 4, 2011. (jflc1, COURT STAFF) (Filed on 3/4/2011)

Nagahi v. California Employment Development Department et al

Doc. 213

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**E-Filed 3/4/2011**

IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
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REZA NAGAHI, Plaintiff, vs. CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT, et al., Defendants.

Case No. 5:07-cv-06268-JF (PSG) ORDER1 AMENDING BRIEFING SCHEDULE, VACATING HEARING DATE, AND GRANTING PLAINTIFF'S MOTION TO FILE EXCESS PAGES [Re: Docket Nos. 205, 206]

Plaintiff Reza Nagahi ("Nagahi") requests that his motion for summary judgment be heard on shortened time pursuant to Civ. L.R. 6-3. Nagahi filed notice of his intent to move for summary judgment on February 18, 2011.2 However, he did not file a brief in support of the

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

Notice of Cross-Motion for Summary Judgment, Dkt. 204. In addition to filing notice on February 18, 2011, Nagahi filed a proposed order. Proposed Order Granting Plaintiff's Cross-Motion for Summary Judgment, Dkt. 204-1. 1
Case No. 5:07-cv-06268-JF (PSG) ORDER AMENDING BRIEFING SCHEDULE, VACATING HEARING DATE, AND GRANTING PLAINTIFF'S MOTION TO FILE EXCESS PAGES (JFLC1) Dockets.Justia.com

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motion until February 23, 2011.3 Currently, the cross-motions for summary judgment are set for hearing on March 25, 2011. Defendants oppose Nagahi's request, claiming that he has taken advantage of the intervening time to craft his arguments in response to those made in Defendants' motion for summary judgment. Moreover, Defendants contend that Nagahi's untimely filing has deprived them of adequate time to prepare opposition to Nagahi's motion. In light of the apparent burden that would be placed on Defendants if they were required to oppose Nagahi's motion in the time remaining before March 25, 2011, the Court will amend the briefing schedule as to Nagahi's motion for summary judgment and vacate the hearing date. In addition, the Court concludes that Nagahi's motion for leave to file excess pages in support of his motion for summary judgment is well-taken. ORDER For the reasons set forth above, Plaintiff's motion for shortened time is TERMINATED as moot. The motion for administrative relief from page limitation is GRANTED, and the Court will adopt the following schedule:
Friday, March 18, 2011 Last day for Defendants to file and serve opposition to Plaintiff's motion for summary judgment Last day for Plaintiff to file and serve a reply in support of his motion for summary judgment Hearing date for the parties' cross-motions for summary judgment4

Friday, March 25, 2011 Friday, April 15, 2011

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Plaintiff's Memorandum of Points and Authorities in Support of Cross-Motion for Summary Judgment, Dkt. 207. Although the hearing date for the parties' cross-motions for summary judgment will be moved to April 15, 2011, the briefing schedule as to Defendants' motion for summary judgment will remain in place. Opposition to Defendants' motion is due not later than March 5, 2011. See Order Granting Plaintiff's Ex Parte Motion to Extend Time to Oppose Defendants' Motion for Summary Judgment, Dkt. 212. Defendants may file a brief in reply not later than March 11, 2011. 2
Case No. 5:07-cv-06268-JF (PSG) ORDER AMENDING BRIEFING SCHEDULE, VACATING HEARING DATE, AND GRANTING PLAINTIFF'S MOTION TO FILE EXCESS PAGES (JFLC1)
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Case No. 5:07-cv-06268-JF (PSG) ORDER AMENDING BRIEFING SCHEDULE, VACATING HEARING DATE, AND GRANTING PLAINTIFF'S MOTION TO FILE EXCESS PAGES (JFLC1)

IT IS SO ORDERED.

DATED: March 4, 2011

__________________________________ JEREMY FOGEL United States District Judge