Steshenko v. McKay et al
Filing
490
ORDER DENYING MOTION TO STRIKE COLLEGE DEFENDANTS' SUMMARY JUDGMENT REPLY BRIEF. Signed by Judge Richard Seeborg on 10/1/12. (cl, COURT STAFF) (Filed on 10/1/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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For the Northern District of California
United States District Court
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GREGORY NICHOLAS STESHENKO,
Plaintiff,
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v.
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THOMAS MCKAY, et al.,
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No. C 09-5543 RS
ORDER DENYING MOTION TO
STRIKE COLLEGE DEFENDANTS’
SUMMARY JUDGMENT REPLY
BRIEF
Defendants.
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Pursuant to Civil Local Rule 7-1(b), the plaintiff’s motion to strike the College Defendants’
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summary judgment reply brief is suitable for disposition without oral argument and the hearing set
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for November 1, 2012 is vacated. Plaintiff contends the reply brief was untimely because it was
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filed more than seven days after he filed his opposition. Civil Local Rule 7-3(c) provides that reply
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briefs “must be filed and served not more than 7 days after the opposition was due.” (Emphasis
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added.) Here, the College Defendants’ motion for summary judgment was filed on September 6,
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2012. Under the schedule provided by Rule 7, the opposition was therefore due by September 20,
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2012, with the reply to be filed no later than September 27, 2012. The College Defendants’ reply
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brief was in fact filed on September 27, 2012 and was therefore timely. The fact that plaintiff
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elected to file his opposition early did not advance the reply deadline, under the plain and explicit
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language of the rule. Plaintiff’s motion is denied.
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IT IS SO ORDERED.
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Dated: 10/1/12
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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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