Starnet International AMC Inc. v. Kafash

Filing 52

ORDER re 51 SEEKING DEFENDANT'S POSITION ON PLAINTIFF'S MOTION TO WITHDRAW ITS MOTION FOR SUMMARY JUDGMENT. Signed by Judge Koh on 9/17/2010. (lhklc3, COURT STAFF) (Filed on 9/17/2010)

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Starnet International AMC Inc. v. Kafash Doc. 52 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION STARNET INTERNATIONAL AMC INC., dba ALL CHEER INTERNATIONAL and KERRY INTERNATIONAL, v. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 09-CV-04301-LHK ORDER SEEKING DEFENDANT'S POSITION ON PLAINTIFF'S MOTION TO WITHDRAW MOTION FOR SUMMARY JUDGMENT (re: docket # 51) MOUSA KAFASH, dba BAPAZ GARMENTS et al., Defendant. Plaintiff Starnet International AMC Inc. ("Plaintiff") has filed a motion to withdraw its motion for summary judgment. Pursuant to Civil Local Rule 7-7(e), "Withdrawal," a moving party has 7 days after service of an opposition to file a notice of withdrawal of the motion. Defendant Mousa Kafash ("Defendant") filed its Opposition on September 7, 2010. Plaintiff's motion to withdraw, filed on September 17, 2010, is thus untimely under the Local Rules. Under Local Rule 7-7(e), the Court has discretion to still decide the motion. Before doing so, however, the Court seeks Defendant's position on Plaintiff's withdrawal of its motion for summary judgment. Defendant shall file an Opposition or Statement of 1 Case No.: 09-CV-04301-LHK ORDER RE DEFENDANT'S POSITION ON PLAINTIFF'S MOTION TO WITHDRAW Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Nonopposition to Plaintiff's motion to withdraw by Wednesday, September 22, 2010. Even if Plaintiff's motion to withdraw its motion for summary judgment is granted and the September 28, 2010 hearing is vacated, the parties should plan to proceed with a Case Management Conference on September 28, 2010. IT IS SO ORDERED. Dated: September 17, 2010 _________________________________ LUCY H. KOH United States District Judge 2 Case No.: 09-CV-04301-LHK ORDER RE DEFENDANT'S POSITION ON PLAINTIFF'S MOTION TO WITHDRAW

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