Crawford et al v. Melzer et al

Filing 190

ORDER RE: 186 BRIEFING OF MOTION TO CONTINUE TRIAL DATE. Signed by Judge Richard Seeborg on 4/25/11. (rslc3, COURT STAFF) (Filed on 4/25/2011)

**E-filed 4/25/11**

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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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No. C 10-0280 RS

KENNETH L. CRAWFORD, et al.,

ORDER RE BRIEFING OF MOTION
TO CONTINUE TRIAL DATE

Plaintiffs,
v.
ZACHARIA MELZER, et al.,
Defendants.
____________________________________/

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On April 22, 2011, defendants filed a motion to continue the trial date in this action,

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purporting to set a hearing date of May 5, 2011. Citing Local Civil Rule 7-2(a), defendants assert

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they believed the motion could only be heard on 35 days notice absent leave of court, but that they

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set it on the Court’s regular law and motion calendar for an earlier date based on information from

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the clerk that motions must be made in writing and generally are heard on Thursdays. As expressly

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set out in Rule 7-1(a), however, motions to change time are governed by Rule 6, which in turn

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provides for such motions to be filed without setting a hearing date, with any opposition to be filed

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within four days. Thus, a motion seeking relief on an expedited basis other than a change in time

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should be accompanied by a motion under Rule 6 to shorten time. Where, as here, the relief sought

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is only a change in a scheduled date or deadline, the motion should be filed under the provisions of

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Rule 6, and it typically will be decided without a hearing date unless otherwise ordered.

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NO. C 10‐0280 RS
ORDER

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Accordingly, defendants’ motion to continue the trial date will be deemed to have been brought

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under Rule 6, and the May 5, 2011 hearing date they set is vacated. Plaintiff shall file any response

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no later than April 26, 2011, and should include his views as to the length of a continuance of the

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trial that would be appropriate, in the event the Court is inclined to grant relief.

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IT IS SO ORDERED.

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Dated: 4/25/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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NO. C 10‐0280 RS
ORDER