Gastelum v. Pinnacle Hotel Circle LP

Filing 38

ORDER Striking Plaintiff's 36 Motion for Summary Judgment. Signed by Judge Janis L. Sammartino on 5/18/23. (All non-registered users served via U.S. Mail Service)(aas)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FERNANDO GASTELUM, an individual, 12 Plaintiff, 13 v. 14 PINNACLE HOTEL CIRCLE LP dba Comfort Inn and Suites San Diego Zoo SeaWorld Area, 15 16 17 Case No.: 21-CV-1458 JLS (DEB) ORDER STRIKING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF No. 36) Defendant. 18 19 Presently before the Court is Plaintiff’s Motion for Summary Judgment (ECF No. 20 36). The Motion was filed without Plaintiff first obtaining a hearing date from chambers, 21 in violation of Civil Local Rules 7.1(b) and 7.1(f)(1). “The requirement that a party obtain 22 a hearing date from the judge’s clerk is no empty formality; it is a rule of substantial 23 importance. Under Civil Local Rule 7.1(e)(1)–(3), the hearing date sets in motion a 24 calendar for the filing of opposition and reply briefs.” 25 02CV2495LAB(WMC), 2007 WL 1975435, at *1 (S.D. Cal. Apr. 26, 2007), aff’d, 342 F. 26 App’x 341 (9th Cir. 2009). Plaintiff’s failure to comply with the Civil Local Rules is 27 grounds to reject the filing. See id. at *2; see also S.D. Cal. CivLR 83.1(a) (providing that 28 failure to comply with the Civil Local Rules “may be grounds for imposition by the Court Kashin v. Kent, No. 1 21-CV-1458 JLS (DEB) 1 of any and all sanctions authorized by statute or rule or within the inherent power of the 2 Court”). Accordingly, the Court STRIKES the Motion for failure to comply with this 3 District’s Civil Local Rules. Plaintiff MAY REFILE the Motion in accordance with 4 appropriate Court procedures. 5 IT IS SO ORDERED. 6 7 Dated: May 18, 2023 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 21-CV-1458 JLS (DEB)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?