Nguyen v. Management of Santa Clara County Superior Court

Filing 25

ORDER denying 9 Plaintiff's Motion for Summary Judgment. Signed by Magistrate Judge Howard R. Lloyd on 9/9/2014. (hrllc1S, COURT STAFF) (Filed on 9/9/2014)

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1 *E-Filed: September 9, 2014* 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 For the Northern District of California NOT FOR CITATION 8 United States District Court 7 SAN JOSE DIVISION 11 NGA TUYET NGUYEN, Plaintiff, 12 v. 13 14 15 16 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, sued herein as THE MANAGEMENT OF SANTA CLARA SUPERIOR COURT, No. C14-01487 HRL ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [Re: Docket No. 9] Defendant. ____________________________________/ 17 Nga Tuyet Nguyen, proceeding pro se, filed suit against the Superior Court of California, 18 County of Santa Clara (sued as “The Management of Santa Clara Superior Court”) on March 31, 19 2014. Defendant’s response to the complaint was due by July 28, 2014. On July 9, 2014, before 20 21 Defendant filed a response, Plaintiff filed a Motion for Summary Judgment. Dkt. No. 9. Summary judgment should only be sought “after adequate time for discovery.” Celotex 22 Corp. v. Catrett, 477 U.S. 317, 322 (1986). No discovery as taken place in this action. Plaintiff’s 23 24 Motion for Summary Judgment is premature, and therefore is denied. Plaintiff may re-file a motion for summary judgment once discovery has been conducted. Any motion that Plaintiff chooses to 25 /// 26 27 /// /// 28 1 file must comply with the case schedule that will be set at the upcoming October 28, 2014 Case 2 Management Conference. 3 4 5 IT IS SO ORDERED. Dated: September 9, 2014 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 C14-01487 HRL Notice will be electronically mailed to: 2 Alex Thomas Hughes 3 Carolee G. Kilduff 4 C14-01487 HRL Notice will be mailed to: 5 Nga Tuyet Nguyen 1105 Champagne Lane San Jose, CA 95132 6 7 ahughes@akk-law.com, jkraus@akk-law.com ckilduff@akk-law.com, jkraus@akk-law.com, tredding@akk-law.com Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court’s CM/ECF program. 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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