Banuelos v. J. C. Penney Company, Inc.

Filing 25

ORDER Vacating Trial and Pretrial Conference Dates; Setting Briefing and Hearing Schedule for Defendants Motion for Summary Judgment re 23 ; and Withdrawing Reference to Mediation. Signed by Judge Patricia V. Trumbull on 5/19/10. (pvtlc1) (Filed on 5/19/2010)

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 On April 27, 2010, Defendant filed an untimely Motion for Summary Judgment. Pursuant to Federal Rules of Civil Procedure 56(c)(1)(A), "a party may move for summary judgment at any time until 30 days after the close of all discovery." Fact Discovery in this case closed on January 15, 2010 and Expert Discovery closed on March 26, 2010. Thus, any motion for summary judgment should have been filed no later than April 26, 2010 (30 days would have run on April 25, 2010, which was a Sunday, so the deadline was the following business day). Because Defendant's motion was untimely, Plaintiff was under no obligation to file any opposition. However, having reviewed the moving papers and the file herein, and in light of the fact Defendant's motion was only one day late, the court finds it appropriate to vacate the trial and pretrial dates, excuse the late filing of the motion, and schedule briefing and hearing dates for the motion. Therefore, IT IS HEREBY ORDERED that the previously set trial and pretrial dates are hereby OR D E R, page 1 DOLORES BANUELOS, ) ) Plaintiff, ) ) v. ) ) J. C. PENNEY CORPORATION, INC., ) ) Defendant. ) ___________________________________ ) Case No.: C 09-0255 PVT ORDER VACATING TRIAL AND PRETRIAL CO N FER E N C E DATES; SETTING BRIEFING A N D HEARING SCHEDULE FOR DEFEN D A N T'S MOTION FOR SUMMARY JU D G M E N T; AND WITHDRAWING REFER EN C E TO MEDIATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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VACATED. IT IS FURTHER ORDERED that, no later than June 15, 2010, Plaintiff shall file either a written opposition to Defendant's motion for summary judgment, or else a statement of nonopposition. See, CIVIL L.R. 7-3(a) & (b). IT IS FURTHER ORDERED that Defendant may file a reply no later than June 22, 2010. IT IS FURTHER ORDERED that the motion will be heard at 10:00 a.m. on June 29, 2010 in courtroom 5 of this court. IT IS FURTHER ORDERED that the reference of this case to the court's mediation program is WITHDRAWN, because the court's ADR department reports that it has not been able to schedule any mediation due to Plaintiff's lack of response to their communications. In the event the parties believe a settlement conference would be beneficial, they may file a stipulation requesting reference to a Magistrate Judge for a settlement conference. Dated: 5/19/10 PATRICIA V. TRUMBULL United States Magistrate Judge

OR D E R, page 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 OR D E R, page 3 /s/ Donna Kirchner MARTHA BROWN Courtroom Deputy for copies mailed on 5/19/10 Dolores Banuelos 1574 Falcon Drive Apartment #4 Salinas, CA 93905 to: Counsel automatically notified of this filing via the court' s Electronic Case Filing system.