Wages v. United States of America et al

Filing 21

ORDER re Further Briefing and Re-Setting Hearing. Parties' supplemental briefing due by 5/29/2015. Motion hearing re 7 MOTION to Dismiss re-set for 6/16/2015, 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 5/19/2015. (hrllc2, COURT STAFF) (Filed on 5/19/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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SANDRA WAGES,

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Case No. 5:14-cv-04328 HRL

Plaintiff,
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ORDER RE FURTHER BRIEFING AND
RE-SETTING HEARING

v.
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UNITED STATES OF AMERICA,

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Defendant.
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Pursuant to the court’s January 26, 2015 order, the parties have submitted their respective

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proposals for supplemental briefing and a new hearing date re defendant’s motion to dismiss.

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Both sides having submitted matters outside the pleadings for the court’s consideration,

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defendant’s motion to dismiss will be converted to one for summary judgment. 1 Fed. R. Civ. P.

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12(d). This order is without prejudice to either party’s right to file a summary judgment motion re

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the merits of the case.
Each side having agreed to submit supplemental briefs (no more than 5 pages) by May 29,

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2015, they are directed to do so. Additionally, the parties may submit any supplemental

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In support of her opposition to defendant’s motion, plaintiff submitted declarations that appear to
pertain to her arguments re equitable tolling. The court is unsure what more plaintiff believes she
needs to properly oppose defendant’s motion. But, if plaintiff feels she will be prejudiced if she is
precluded from taking discovery as to the issue of equitable tolling (Dkt. 19 at 2), she is invited to
specify for the court precisely what discovery she believes she needs.

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declarations and evidence they believe are necessary. The court grants the parties’ request to re-

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set the motion hearing for June 16, 2015, 10:00 a.m.

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SO ORDERED.
Dated: May 19, 2015

______________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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5:14-cv-04328-HRL Notice has been electronically mailed to:
James A. Scharf

[e-mail], [e-mail]

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James F. McKiernan

[e-mail]

Mansour Sig Haddad

[e-mail]

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United States District Court
Northern District of California

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