Rimando v. Alum Rock Union Elementary School District et al

Filing 21

ORDER by Judge Jeremy Fogel granting in part 16 Motion for Administrative Relief (jflc1, COURT STAFF) (Filed on 9/10/2008)

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**E-Filed 9/10/08**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ROMULO RIMANDO, Plaintiff, v. ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT and MARIBEL GUIZAR-MAITA, individually, Defendants. Case Number C 08-01874 JF (RS) ORDER1 GRANTING IN PART PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF [re: doc. no. 16]

Plaintiff Romulo Rimando seeks the Court's permission to file his opposition to Defendants' motion to dismiss after the due date of August 29, 2008. Plaintiff's supporting papers state that timely filing was prevented by Hurricane Gustav. Plaintiff was able to file the present motion on September 1, 2008 and Defendants do not oppose Plaintiff's late filing. However, in addition to filing late Plaintiff exceeded the 25 page limit for his opposition papers as set forth in Civ. L. R. 7-2(b). Apparently, Plaintiff's counsel was confused as to the

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

C a s e No. C 08-01874 JF (RS) O R D E R GRANTING IN PART PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF ( JF L C 1 )

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required font size, believing that the local rules required motions to be submitted in fourteenpoint font. Defendants note that twelve-point font is allowed under Civ. L. R. 3-4(c)(2), and that as originally submitted, Plaintiff's 40 page opposition violated Civ. L. R. 7-2(b).

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C a s e No. C 08-01874 JF (RS) O R D E R GRANTING IN PART PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF ( JF L C 1 )

Plaintiff now has filed a twelve-point font version of the document submitted on September 1, 2008. This document complies with the page limits of Civ. L. R. 7-2(b). In addition, Defendants have filed a reply to Plaintiff's opposition. The briefing for the hearing scheduled for September 19, 2008 thus is complete. Accordingly, IT IS HEREBY ORDERED

AS MOOT regarding the page limit.

DATED: September 10, 2008 ___________________________ JEREMY FOGEL United States District Court

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This Order has been served upon the following persons: George C. Aucoin [e-mail], [e-mail], [e-mail] [e-mail], [e-mail],

Sloan Robert Simmons [e-mail]

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C a s e No. C 08-01874 JF (RS) O R D E R GRANTING IN PART PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF ( JF L C 1 )