Ascarie v. Gavilan College et al

Filing 28

ORDER (1) DENYING 27 MOTION TO SHORTEN TIME AND (2) VACATING HEARING. Signed by Judge Beth Labson Freeman on 10/18/2016. (blflc2S, COURT STAFF) (Filed on 10/18/2016)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

SAN JOSE DIVISION

6
7

MAHMOUD ASCARIE,

Case No. 16-cv-02493-BLF

Plaintiff,
8
v.
9
10

GAVILAN COLLEGE, et al.,
Defendants.

ORDER (1) DENYING MOTION TO
SHORTEN TIME AND (2) VACATING
HEARING
[Re: ECF 27]

United States District Court
Northern District of California

11
12
Before the Court is Plaintiff Mahmoud Ascarie’s motion to shorten time for the hearing

13
14

related to Defendants’ motion to dismiss. Mot., ECF 27. Plaintiff asks the Court to shorten time

15

in order to hear Defendants’ motion to dismiss before November 17, 2016, and preferably before

16

November 2, 2016. Id. at 1. Currently, the motion to dismiss is scheduled to be heard on

17

December 22, 2016. In his motion, Ascarie states that Defendants do not oppose the motion. Id.

18

at 2.

19

Pursuant to Civil Local Rule 6-3, in order to justify shortening time, Plaintiff must identify

20

the “substantial harm or prejudice that would occur if the Court did not change the time.” Civil

21

L.R. 6-3(a)(3). Plaintiff argues that he would be harmed if the Court did not change the time

22

because he intends to file his complaint in state court if the Court grants Defendants’ motion to

23

dismiss, and his right to sue notice from the California Department of Fair Employment and

24

Housing (“DFEH”) will expire on November 17, 2016, which means he would be precluded from

25

filing in state court after that date. Mot. 1.

26

Ascarie has satisfied his burden of identifying the harm or prejudice that would occur if the

27

Court did not change the time of the hearing. However, because the Court finds, pursuant to Civil

28

L.R. 7-1(b), that Defendants’ motion to dismiss is suitable for submission without oral argument,

1

the Court DENIES Plaintiffs’ motion to shorten time and VACATES the hearing scheduled for

2

December 22, 2016. The Court will consider the fully briefed motion as soon as possible.

3
4
5
6

IT IS SO ORERED.
Dated: October 18, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2