United States District Court, N.D. California
April 29, 2004.
BEVERLY SCHULTZ, Plaintiff,
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, et al., Defendants
The opinion of the court was delivered by: MARILYN PATEL, Chief Judge, District
On February 23, 2004, defendant San Francisco. Bay Area Rapid Transit
District filed a motion for partial summary judgment with this court.
Consistent with this court's local rules, a hearing on the motion was
initially set for April 5, 2004. Under Local Rule 7-3(a), plaintiff
Beverly Schultz was required to file any opposition to defendant's motion
at least twenty-one (21) days before the hearing that is, by March 15,
2004. See Local R. 7-3(a) ("Any opposition to a motion must be served and
filed not less than 21 days before the hearing day."). On March 17,
2004, the court reset the hearing on the motion for April 19, 2004,
expressly preserving the original briefing schedule. To date, plaintiff
has not filed an opposition to defendant's motion, nor has it sought an
enlargement of time in which to do so. The court has already taken the
motion under submission without oral argument, and the court now deems
the motion unopposed. Defendant's motion for partial summary judgment is
thus GRANTED as unopposed,
IT IS SO ORDERED.
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