Balasquez et al v. City of Morgan Hill et al

Filing 19

ORDER Granting in Part 17 Stipulation to Continue Motion Hearing. Case Management Statement due by 4/28/2011. Case Management Conference set for 5/5/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose. Motion Hearing set for 5/5/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Lucy H. Koh. Signed by Judge Koh on 3/17/2011. (lhklc1, COURT STAFF) (Filed on 3/17/2011)

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Balasquez et al v. City of Morgan Hill et al Doc. 19 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-05206-LHK ORDER GRANTING IN PART STIPULATED REQUEST TO CONTINUE MOTION HEARING Dockets.Justia.com UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MARIA JESUS BALASQUEZ, et al., Plaintiffs, v. CITY OF MORGAN HILL, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No.: 10-CV-05206-LHK ORDER GRANTING IN PART STIPULATED REQUEST TO CONTINUE MOTION HEARING Defendant's motion to dismiss is currently set for hearing on April 7, 2011. On March 16, 2011, the parties filed a stipulated request to continue the motion hearing to May 5, 2011, at 10 a.m. On March 17, 2011, the parties filed a proposed order for the Court's signature. As the parties have not set forth the information required for a stipulated request to change time, see Civ. L.R. 6-2(a), it is difficult for the Court to determine whether the requested continuance should be granted. The Court notes that, based on the current schedule, Plaintiff's opposition brief is due today, March 17, 2011. In the future, any requests that will affect an immediate deadline must be filed significantly in advance of that deadline in order to provide the Court sufficient time to consider the request and issue an order. In this instance, the Court will grant the continuance so as to avoid possible prejudice to Plaintiff. However, as the parties have provided no reasons 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 justifying their request, the Court grants only a brief continuance of the briefing schedule, as follows: (1) Plaintiff's opposition brief is due no later than March 24, 2011; (2) Defendant's reply brief is due no later than March 30, 2011; (3) The Court will hold a hearing, if necessary, on May 5, 2011 at 1:30 p.m. If the motion can be resolved without oral argument, the Court will notify the parties and vacate the hearing. IT IS SO ORDERED. Dated: March 17, 2011 _________________________________ LUCY H. KOH United States District Judge 2 Case No.: 10-CV-05206-LHK ORDER GRANTING IN PART STIPULATED REQUEST TO CONTINUE MOTION HEARING

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