Golden Bear Insurance Company v. Lexington Insurance Company

Filing 48

ORDER re 47 Approving Stipulation for Amended Briefing Schedule. Signed by Judge Koh on 3/25/2011. (lhklc3, COURT STAFF) (Filed on 3/25/2011)

Golden Bear Insurance Company v. Lexington Insurance Company

Doc. 48

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 1
Case No.: 10-CV-01672-LHK ORDER AMENDING BRIEFING SCHEDULE
Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION GOLDEN BEAR INSUR. CO., Plaintiff, v. LEXINGTON INSUR. CO., Defendant. ) ) ) ) ) ) ) ) ) Case No.: 10-CV-01672-LHK ORDER AMENDING BRIEFING SCHEDULE REGARDING MOTIONS FOR SUMMARY JUDGMENT (re: dkt. #47)

Although filed on separate dates, both parties' motions for summary judgment are set for hearing on May 26, 2011. The Court issued a briefing schedule for both motions on March 11, 2011. See Dkt. #38. With respect to Plaintiff's motion for partial summary judgment, the Court ordered the following schedule: Defendant's Opposition was due by Friday, March 18, 2011 (which was timely filed), and Plaintiff's Reply is due by Friday, March 25, 2011. With respect to Defendant's motion for summary judgment: Plaintiff's Opposition is due by Friday, April 1, 2011, and Defendant's Reply is due by Friday, April 8, 2011. Defendant filed a timely opposition to Plaintiff's motion on March 18, 2011. However, on March 24, 2011, the parties filed a stipulation seeking to extend the deadline for the remaining dates, proposing that: (1) Plaintiff's Reply to its own motion would be due on April 22, 2011; (2) Plaintiff's Opposition to Defendant's motion would be due on April 22, 2011; and (3) Defendant's Reply to its own motion would be due on May 3, 2011. See Dkt. #47. The parties represent that

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

such an extension is supported by good cause because they need to conduct an additional deposition, which they "are anticipating will be taken and completed by April 1, 2011." It is not clear to the Court why the parties would have filed motions for summary judgment if an additional deposition is truly necessary. In any event, in light of the time remaining until the May 26, 2011 hearing date (a date that will not be extended), the Court will grant the parties' stipulation and extend the deadlines for the remaining briefing. Further requests for extensions of time are disfavored. IT IS SO ORDERED.

Dated: March 25, 2011

_________________________________ LUCY H. KOH United States District Judge

2
Case No.: 10-CV-01672-LHK ORDER AMENDING BRIEFING SCHEDULE