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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MARTIN MONICA,

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Case No. 15-cv-04857-BLF

Plaintiff,
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v.
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BRYAN WILLIAMS, et al.,

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Defendants.

[Re: ECF 26]

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United States District Court
Northern District of California

ORDER GRANTING PLAINTIFF’S
REQUEST FOR CONTINUANCE OF
MOTION FOR SUMMARY JUDGMENT
AND SETTING BRIEFING SCHEDULE

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Before the Court is Plaintiff Martin Monica’s request for denial or continuance of motion

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for summary judgment pursuant to Federal Rule of Civil Procedure 56(d). ECF 26. Defendants

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do not object to a continuance but do object to the motion being denied outright. ECF 28.

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Although Plaintiff has plainly not satisfied the requirements of Fed. R. Civ. P. 56(d), see Swoger

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v. Rare Coin Wholesalers, 803 F.3d 1045, 1048 (9th Cir. 2015) (listing requirements), the Court

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notes that the hearing set initially by the Court was more than the Court’s required 90-day

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minimum before trial. Accordingly, the Court CONTINUES the hearing to November 17, 2016 at

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9:00 a.m.

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The Court sets the following briefing schedule:

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October 27, 2016: Deadline for Plaintiff to file an opposition to Defendants’ motion.1

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November 3, 2016: Deadline for Defendants to file a reply.

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Dated: September 19, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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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.