Jones v. Metropolitan Life Insurance Company et al

Filing 40

ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING HEARING AND BRIEFINGSCHEDULE FOR MOTIONS re 39 Case Management Statement, 38 Case Management Statement. Anticipated Dispositive Motion Hearing set for 2/1/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose.The parties shall notice their motions and file their briefs in accordance with the Civil Local Rules of the Court. All briefing on dispositive motions shall be completed by 1/11/2010. Signed by Judge James Ware on 10/21/2009. (ecg, COURT STAFF) (Filed on 10/22/2009)

1 2 3 4 5 6 7 8 9 10 Susan Rene Jones, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-03971 JW ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING HEARING AND BRIEFING SCHEDULE FOR MOTIONS /

United United States District Court

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For the Northern District of California

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Metropolitan Life Insurance Co., et al., Defendants.

On October 2, 2009, the Court granted Defendant's Motion for a Case Management Conference, which the Court scheduled for October 26, 2009. (See Docket Item No. 37.) The parties have filed separate Case Management Conference Statements. (See Docket Item Nos. 38, 39.) Upon review of the parties' submissions, the Court finds that the issues raised are not amenable to resolution in a Case Management Conference. Instead, the legal issues raised by the parties in their respective Statements,1 some of which may be dispositive, must be brought properly before the Court by filing motions. Thus, the Court finds good cause to VACATE the Case Management Conference and invites the parties to file cross-motions for summary judgment or any other appropriate dispositive motions. The Court previously set December 7, 2009 as the hearing date for the parties' dispositive motions.

The Court notes that the parties' Statements, in particular Plaintiff's Statement which was twenty-four pages long, contained substantial legal argument which was more appropriate for a brief than a Case Management Statement.

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However, in light of the Court's calendar and the substantial legal issues involved, the Court sets the following schedule: (1) On February 1, 2010 at 9 a.m., the parties shall appear for a hearing on their

anticipated motions. The parties shall notice their motions and file their briefs in accordance with the Civil Local Rules of the Court. (2) (3) All briefing on dispositive motions shall be completed by January 11, 2010. In its Order addressing the parties' anticipated motions, the Court will set a Further

Case Management Conference, if necessary.

Dated: October 21, 2009

United States District Court

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For the Northern District of California

JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Cari Ann Cohorn [e-mail] Rebecca A. Hull [e-mail] Robert Burton Nichols [e-mail]

Dated: October 21, 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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