Giles v. Thompson et al

Filing 33

ORDER Setting Briefing Schedule and Continuing Hearing Date: Plaintiff's cross-motion, filed 2/7/09, was filed in violation of Civ. L. Rule 7.1. Plaintiff is hereby ADMONISHED that any further violations of Civil Local Rules or electronic filing policies and procedures may result in sanctions. Set/Reset Deadlines as to 27 Cross-Motion for Summary Judgment, and 25 MOTION for Summary Judgment. Defendants' combined opposition due by 2/23/2009, Plaintiff'sReplies due by 3/2/2009. Motion Hearing set continued to 3/9/2009 10:30 AM before Judge M. James Lorenz. Signed by Judge M. James Lorenz on 2/9/2009. (mjj)

1 2 3 4 5 6 7 8 9 10 BEN GILES, 11 12 v. 13 JUSTIN PAUL THOMPSON, et al., 14 15 16 Defendants. Plaintiff, ) ) ) ) ) ) ) ) ) ) Civil No. 08cv439-L(RBB) ORDER SETTING BRIEFING SCHEDULE AND CONTINUING HEARING DATE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

On January 22, 2009 Defendant KDME, Inc. filed a summary judgment motion. On

17 February 7, 2009 Plaintiff filed his opposition as well as a notice of cross-motion for summary 18 judgment. Plaintiff's cross-motion was filed in violation of Civil Local Rule 7.1 which requires, 19 among other things, that the party obtain a motion hearing date from chambers before filing a 20 motion. Plaintiff is hereby ADMONISHED that any further violations of Civil Local Rules or 21 electronic filing policies and procedures may result in sanctions. See Civ. Loc. R. 83.1. 22 To avoid unnecessary delay and allow for briefing of Plaintiff's cross-motion before the

23 hearing date, the court hereby sets a briefing schedule in lieu of striking Plaintiff's cross-motion: 24 1. No later than February 23, 2009, Defendant shall file a combined opposition to

25 Plaintiff's motion and reply in support of its own motion. Defendant shall file one combined 26 memorandum of points and authorities which shall not exceed 25 pages in length. 27 2. No later than March 2, 2009, Plaintiff shall file a reply in support of its motion. The

28 reply memorandum of points and authorities shall not exceed 10 pages in length.
08cv439

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3. The hearing date on Defendant's motion and Plaintiff's cross-motion is continued to

2 March 9, 2009 at 10:30 a.m. 3 In all other respects, the parties shall comply with all applicable Federal Rules of Civil

4 Procedure, Civil Local Rules of this District, and any other applicable rules and laws. Failure to 5 comply may result in sanctions. See Civ. Loc. Rule 83.1. 6 7 8 DATED: February 9, 2009 9 10 11 COPY TO: M. James Lorenz United States District Court Judge IT IS SO ORDERED.

HON. RUBEN B. BROOKS 12 UNITED STATES MAGISTRATE JUDGE 13 ALL PARTIES/COUNSEL 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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