Boyd v. Accuray, Inc

Filing 69

ORDER re Briefing Schedule on Defendant's Motion for Summary Judgment. Signed by Judge Lucy H. Koh on 5/10/2012. (lhklc1, COURT STAFF) (Filed on 5/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MICHAEL E. BOYD,

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United States District Court
For the Northern District of California

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Plaintiff,
v.
ACCURAY, INC.; DOES 1-50,

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Defendants.

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Case No.: 11-CV-1644-LHK
ORDER RE: BRIEFING SCHEDULE ON
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT

Now before the Court is Plaintiff’s application for a third enlargement of time to respond to

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Defendant’s motion for summary judgment. ECF No. 64-3 (“Appl.”). Defendant has filed an

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opposition, and Plaintiff has filed a reply. ECF No. 66 (“Opp’n”); ECF No. 67 (“Reply”).

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Plaintiff’s primary reason for requesting an enlargement of time is that his attorney’s health

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condition has prevented him from meeting the briefing schedule as originally set and as modified

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by the Court’s two prior extensions. See Appl.; ECF No. 65 (“Suppl. Westreich Decl.”). The

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Court finds good cause to grant another extension, but is concerned that any further extensions will

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prejudice the parties and delay resolution of this matter. Accordingly, the hearing on Defendant’s

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motion for summary judgment and the case management conference are hereby continued to May

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31, 2012, at 1:30 p.m. By 5:00 p.m. on May 11, 2012, Plaintiff’s counsel shall file either: (1) an

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opposition to Defendant’s motion for summary judgment; or (2) a motion to withdraw or to

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substitute counsel.

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If Plaintiff files an opposition to Defendant’s motion for summary judgment, Defendant’s
reply will be due May 21, 2012.

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Case No.: 11-CV-1644-LHK
ORDER RE BRIEFING SCHEDULE ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

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If, on the other hand, Plaintiff files a motion to withdraw or to substitute counsel, Defendant

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may file an opposition by May 21, 2012; Plaintiff may file a reply by May 28, 2012; and the Court

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will hear the motion on May 31, 2012. No further extensions will be countenanced.

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IT IS SO ORDERED.

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Dated: May 10, 2012

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LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 11-CV-1644-LHK
ORDER RE BRIEFING SCHEDULE ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT