Gardner v. Cafepress Inc. et al

Filing 22

ORDER Granting In Part 18 Plaintiff's Ex Parte Motion to Continue Briefing Schedule and Hearing on 15 Motion for Summary Judgment. Motion Hearing reset for 2/28/2014 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Responses due by 1/24/2014, Replies due by 2/7/2014. Signed by Judge Gonzalo P. Curiel on 11/19/2013. (srm)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 STEVEN M. GARDNER, an individual, 12 13 v. Plaintiff, CAFEPRESS INC., a Delaware Corporation; BEVERLY TEALL, an 15 indvidual, 14 16 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:13-cv-1108-GPC-JMA ORDER GRANTING IN PART PLAINTIFF’S EX PARTE MOTION TO CONTINUE BRIEFING SCHEDULE AND HEARING (ECF NO. 18) 17 18 On November 12, 2013, Plaintiff filed an ex parte motion to continue the 19 briefing schedule and hearing date set for defendant CafePress, Inc.’s (“CafePress”) 20 Motion for Summary Judgment. (ECF No. 18.) 21 CafePress’s Motion for Summary Judgment is currently set for a hearing on 22 January 17, 2014, at 1:30 p.m., with Plaintiff’s response due by November 22, 2013, 23 and CafePress’s reply due by December 13, 2013. (ECF No. 16.) 24 Plaintiff requests the hearing on CafePress’s Motion for Summary Judgment be 25 continued to April 4, 2014, and that Plaintiff’s response deadline be moved to February 26 7, 2014, and CafePress’s reply deadline be moved February 28, 2014. Plaintiff asserts 27 CafePress’s Motion for Summary Judgment is fact intensive and therefore premature 28 given that it was filed “before the parties were even allowed to serve discovery, before 3:13-cv-1108-GPC-JMA 1 the parties’ initial disclosures were due and before the discovery plan was due.” More 2 specifically, Plaintiff asserts the current summary judgment briefing schedule does not 3 allow Plaintiff time to receive responses to written discovery before the November 22, 4 2013 opposition deadline. 5 In opposition, CafePress argues Plaintiff’s request is really a request for open- 6 ended discovery and a three-month delay. CafePress argues only a short continuance 7 of the current summary judgment briefing schedule and hearing is required to provide 8 Plaintiff sufficient time to take discovery relevant to opposing CafePress’s Motion for 9 Summary Judgment. CafePress states a willingness to move the response deadline to 10 January 10, 2014, the reply deadline to January 24, 2014, and the hearing to February 11 7, 2014. 12 The Court finds that, given CafePress’s filing of its Motion for Summary 13 Judgment before the parties were permitted to take discovery, the Court finds 14 CafePress’s Motion for Summary Judgment to be premature. See Burlington N. Santa 15 Fe R. Co. v. Assiniboine & Sioux Tribes, 323 F.3d 767, 773 (9th Cir. 2003) (“Where 16 . . . a summary judgment motion is filed so early in the litigation, before a party has had 17 any realistic opportunity to pursue discovery relating to its theory the case, district 18 courts should grant any Rule 56(f) motion fairly and freely.”) And while the Court 19 recognizes CafePress’s concern that Plaintiff is seeking discovery beyond the scope 20 necessary to respond to CafePress’s Motion for Summary Judgment, the Court is not 21 now prepared—in ruling on an ex parte motion to continue a briefing schedule and 22 hearing date—to limit discovery in any way. In any event, matters regarding the scope 23 of discovery are more properly raised before the magistrate judge assigned to each 24 case. 25 Given the foregoing, the Court finds it appropriate to continue the briefing 26 schedule and hearing date for CafePress’s Motion for Summary Judgment as follows: 27 any response to CafePress’s Motion for Summary Judgment shall be filed on or before 28 January 24, 2014; any reply shall be filed on or before February 7, 2014; and the 2 3:13-cv-1108-GPC-JMA 1 hearing on CafePress’s Motion for Summary Judgment is CONTINUED from January 2 17, 2014, to February 28, 2014, at 1:30 p.m. 3 IT IS SO ORDERED. 4 DATED: November 19, 2013 5 6 HON. GONZALO P. CURIEL United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 3:13-cv-1108-GPC-JMA

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