The Bank of New York Mellon FKA: et al v. Brewer et al

Filing 18

ORDER GRANTING 17 DEFENDANTS ADMINISTRATIVE MOTION TO CHANGE TIME. Defendants shall file and serve their opposition to the Motion to Remand no later than 5/25/2012. Plaintiff may file a substantive reply, if any, no later than 6/1/2012. The hear ing on the Motion to Remand shall remain as calendared for 7/13/2012, at 9:00 a.m. Signed by Judge Edward J. Davila on 5/14/2012. (ejdlc1, COURT STAFF) (Filed on 5/14/2012) (Additional attachment(s) added on 5/14/2012: # 1 Certificate of Service) (ecg, COURT STAFF).

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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
CASE NO. 5:12-cv-00829 EJD

DEANNE BREWER, et. al.,

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ORDER GRANTING DEFENDANTS’
ADMINISTRATIVE MOTION TO
CHANGE TIME

Plaintiff(s),
For the Northern District of California

United States District Court

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v.
THE BANK OF NEW YORK MELLON
FKA, et. al.,

[Docket Item No(s). 17]

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Defendant(s).
/

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On May 9, 2012, Defendants Deanne Brewer and Spencer Brown (“Plaintiffs”) filed a

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document entitled “Defendant’s Opposition to Plaintiff’s [Non-Certified Entities with California

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Secretary of State] Motion for Order Remanding Case to State Court; In the Alternative Defendant’s

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Request Leave to File Late Opposition to Remand.” See Docket Item No. 17. Within this

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document, Defendants represent that they were unaware of Local Civil Rule 7-3 which provides

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fourteen days from the date the motion was filed for the filing of opposition papers. Defendants

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instead relied on the corresponding Local Rule from the Central District of California, which allows

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for the briefing based on the motion hearing date. They now request leave to file a late opposition to

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Plaintiff’s pending Motion to Remand. See Docket Item No. 9.

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Liberally construing the application as an administrative motion to enlarge time pursuant to

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Civil Local Rule 6-3 and good cause appearing therefor, Defendants’ request is GRANTED.

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Defendants shall file and serve their opposition to the Motion to Remand no later than May 25,
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Case No. 5:12-cv-00829 EJD
ORDER GRANTING DEFENDANTS’ ADMINISTRATIVE MOTION TO CHANGE TIME

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2012. Plaintiff may file a substantive reply, if any, no later than June 1, 2012. The hearing on the

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Motion to Remand shall remain as calendared for July 13, 2012, at 9:00 a.m.

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Defendants are advised that they must comply with the deadline imposed by this order. No

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further time modifications will be granted in relation to the Motion to Remand.

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IT IS SO ORDERED.

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Dated: May 14, 2012
EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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Case No. 5:12-cv-00829 EJD
ORDER GRANTING DEFENDANTS’ ADMINISTRATIVE MOTION TO CHANGE TIME