Monica v. Williams, et al

Filing 29

ORDER GRANTING 26 PLAINTIFF'S REQUEST FOR CONTINUANCE OF MOTION FOR SUMMARY JUDGMENT AND SETTING BRIEFING SCHEDULE. Signed by Judge Beth Labson Freeman on 9/19/2016. Plaintiff's response to Defendants' motion for summary judgment due 10/27/2016. Defendants' reply due 11/3/2016. Hearing scheduled for 11/17/2016 at 9:00 a.m. (blflc2S, COURT STAFF) (Filed on 9/19/2016)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 MARTIN MONICA, 7 Case No. 15-cv-04857-BLF Plaintiff, 8 v. 9 BRYAN WILLIAMS, et al., 10 Defendants. [Re: ECF 26] 11 United States District Court Northern District of California ORDER GRANTING PLAINTIFF’S REQUEST FOR CONTINUANCE OF MOTION FOR SUMMARY JUDGMENT AND SETTING BRIEFING SCHEDULE 12 13 Before the Court is Plaintiff Martin Monica’s request for denial or continuance of motion 14 for summary judgment pursuant to Federal Rule of Civil Procedure 56(d). ECF 26. Defendants 15 do not object to a continuance but do object to the motion being denied outright. ECF 28. 16 Although Plaintiff has plainly not satisfied the requirements of Fed. R. Civ. P. 56(d), see Swoger 17 v. Rare Coin Wholesalers, 803 F.3d 1045, 1048 (9th Cir. 2015) (listing requirements), the Court 18 notes that the hearing set initially by the Court was more than the Court’s required 90-day 19 minimum before trial. Accordingly, the Court CONTINUES the hearing to November 17, 2016 at 20 9:00 a.m. 21 The Court sets the following briefing schedule: 22 October 27, 2016: Deadline for Plaintiff to file an opposition to Defendants’ motion.1 23 November 3, 2016: Deadline for Defendants to file a reply. 24 Dated: September 19, 2016 ______________________________________ BETH LABSON FREEMAN United States District Judge 25 26 27 1 28 Neither the Court’s schedule nor its Standing Orders will allow the Court to give Plaintiff until December 9, 2016 in which to file his opposition.

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