McAfee et al v. Francis

Filing 44

Order by Hon. Lucy H. Koh denying 43 Motion to Shorten Time.(lhklc3, COURT STAFF) (Filed on 11/23/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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JIMMY J. McAFEE, et. al.,
Plaintiffs,

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v.
THOMAS FRANCIS, et. al.,
Defendants.

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Case No.: 5:11-CV-00821-LHK
ORDER DENYING DEFENDANT
NEPTUNE’S ACCOUNT’S MOTION
FOR AN ORDER SHORTENING TIME
ON ITS MOTION TO QUASH SERVICE
AND MOTION TO DISMISS FOR
LACK OF PERSONAL JURISDICTION

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On November 18, 2011, Defendant Neptune’s Account, LLC (“Defendant”) moved the

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Court for an Order Shortening Time on Defendant’s Motion to Quash Service of Summons and

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Complaint and for Dismissal of Action for Lack of Personal Jurisdiction. See ECF No. 43. In

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filing its Motions to Quash and to Dismiss, Defendant did not comply with the Court’s Standing

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Order Regarding Case Management in Civil Cases, which clearly states that civil motions under

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Civil Local Rule 7-2 in cases assigned to the undersigned may be noticed for hearing only after

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contacting the Courtroom Deputy, Martha Parker Brown, and obtaining an available date.

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Accordingly, the Court moved the date of the hearing on Defendant’s motions to the next available

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date, March 1, 2012. Defendant now moves the Court to consolidate the hearing on its Motions to

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Quash and to Dismiss with the hearings on two other motions in this case scheduled for December

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8, 2011.

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Case No.: 5:11-cv-00821-LHK
ORDER DENYING DEFENDANT NEPTUNE’S ACCOUNT’S MOTION FOR AN ORDER SHORTENING TIME
ON ITS MOTION TO QUASH SERVICE AND MOTION TO DISMISS FOR LACK OF PERSONAL
JURISDICTION

This case, however, is not the only matter set for hearing on December 8, 2011. Defendant,

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like all other litigants appearing in this Court, must comply with the Court-ordered procedures laid

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out in the Court’s Standing Order, which are essential to the Court’s docket management and

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administration. The next available hearing date is March 1, 2012. The fact discovery cutoff date in

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this case is not until June 15, 2012, and the expert discovery cutoff date is June 30, 2012, leaving

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ample time for Defendant to engage in discovery should it not prevail on its Motions to Quash and

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to Dismiss. The Court does not find that Defendant has demonstrated good cause for shortening

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time on its Motions to Quash and to Dismiss, and its motion is therefore DENIED.

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.

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Dated: November 23, 2011

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 5:11-cv-00821-LHK
ORDER DENYING DEFENDANT NEPTUNE’S ACCOUNT’S MOTION FOR AN ORDER SHORTENING TIME
ON ITS MOTION TO QUASH SERVICE AND MOTION TO DISMISS FOR LACK OF PERSONAL
JURISDICTION