Carnero et al v. Luke Weaver et al

Filing 68

ORDER GRANTING IN PART 64 PLAINTIFFS' REQUEST TO RESET HEARING DATE. The Motion Hearing set for 5/14/2010 is RESET for 5/28/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 5/3/2010. (jflc2, COURT STAFF) (Filed on 5/3/2010)

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 28, 2010, Plaintiff Marta Carnero telephoned chambers staff to request that the May 14, 2010 hearing date on Defendants' motions to dismiss and strike be continued; Ms. Carnero stated that Defendants had not cleared the hearing date with Plaintiffs and that she and her husband would be on vacation on May 14. Chambers staff emailed Defendants' counsel to ask for a response to Plaintiffs' request; Plaintiffs were copied on the email. Counsel for both moving Defendants responded by email, objecting to continuance of the hearing date. Plaintiffs also filed a written request to continue the hearing date until June 18 or June 25. Defendant Barclays Capital Real Estate, Inc. filed opposition to that request on April 29. While the Court is sympathetic to Defendants' frustration at the lateness of Plaintiffs' request, it is not clear that the hearing date in fact was cleared with Plaintiffs. Moreover,
C a s e No. C 09-1995 JF (PVT) O R D E R GRANTING IN PART PLAINTIFFS' REQUEST TO RESET HEARING DATE ( JF L C 2 )

**E-Filed 5/3/2010**

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

JOSE R. CARNERO, et al., Plaintiffs, v. LUKE WEAVER, et al., Defendants.

Case Number C 09-1995 JF (PVT) ORDER GRANTING IN PART PLAINTIFFS' REQUEST TO RESET HEARING DATE

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

Plaintiffs are proceeding pro se. Accordingly, while the Court is not inclined to grant a continuance of the length requested by Plaintiffs, the Court will grant a two-week continuance, to May 28, 2010 at 9:00 a.m. Plaintiffs may file opposition to the motions to dismiss and strike on or before May 14, 2010; any such opposition shall explain why Plaintiffs failed to file opposition on or before April 23, 2010 as required under the Court's Civil Local Rules. Defendants may file replies on or before May 21, 2010. IT IS SO ORDERED.

Dated: May 3, 2010

__________________________________ JEREMY FOGEL United States District Judge

2
C a se No. C 09-1995 JF (PVT) O R D E R GRANTING IN PART PLAINTIFFS' REQUEST TO RESET HEARING DATE ( 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:

Eric D. Houser

[e-mail] [e-mail], [e-mail]

Joshua Howard Abel Lee P. Bardellini

[e-mail], [e-mail] [e-mail]

Jose and Marta Carnero

Jose R. Carnero Marta C. Carnero 1558 Minnesota Avenue 1/2 San Jose, CA 95125-4445

3
C a se No. C 09-1995 JF (PVT) O R D E R GRANTING IN PART PLAINTIFFS' REQUEST TO RESET HEARING DATE ( JF L C 2 )