Gardias v. The California State University The San Jose State University et al

Filing 52

ORDER by Magistrate Judge Howard R. Lloyd denying 51 plaintiff's "Motion for a More Definite Statement." (hrllc2, COURT STAFF) (Filed on 9/27/2010)

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Gardias v. The California State University The San Jose State University et al Doc. 52 1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION PIOTR J. GARDIAS, v. Plaintiff, No. C09-05611 HRL ORDER DENYING PLAINTIFF'S "MOTION FOR A MORE DEFINITE STATEMENT" [Re: Docket No. 51] *E-FILED 09-27-2010* United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE CALIFORNIA STATE UNIVERSITY; THE SAN JOSE STATE UNIVERSITY, Defendant. / Plaintiff Piotr Gardias purports to move for an order requiring defendant to provide a more definite statement with respect to certain assertions made in its Case Management Statement. A motion such as this may only be directed to a "pleading," see Fed. R. Civ. P. 12(e), and a Case Management Statement is not a pleading. Accordingly, plaintiff's motion is DENIED.1 SO ORDERED. Dated: September 27, 2010 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE Plaintiff also has filed a purported "Answer" to defendant's Case Management Statement. This is also improper, and the court will disregard it as such. The court deplores the plaintiff's personal attacks on the integrity of defense counsel. 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 5:09-cv-05611-HRL Notice has been electronically mailed to: Mary Susan Cain-Simon Mary.CainSimon@doj.ca.gov, ECFCoordinator@doj.ca.gov, Leticia.MartinezCarter@doj.ca.gov Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. 5:09-cv-05611-HRL Notice mailed to: Piotr J. Gardias 72 Floyd Street San Jose, CA 95110 United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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