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Ashker v. Horel

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


November 7, 2008

TODD ASHKER, PLAINTIFF,
v.
ROBERT HOREL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Claudia Wilken United States District Judge

ORDER RE EX PARTE APPLICATION AND APPLICATION FOR COURT TO SET DISCOVERY DEADLINE AND DISPOSITIVE MOTION FILING DEADLINE

On October 31, 2008, Defendants filed an Ex Parte Application and Application for Court to Set Discovery Deadline and Dispositive Motion Filing Date. Civil Local Rule 7-10(a) permits the filing of ex parte motions only where authorized by statute, federal rule, local rule or standing order, unless otherwise ordered by the assigned judge.*fn1 Defendants cite no authority that would permit Defendants to file their motion on an ex parte basis. Accordingly, the Court sets the following briefing schedule. Plaintiff's response to Defendants' motion to set February 9, 2009, as the discovery cutoff deadline will be due November 21, 2008, and any As explained in Civil Local Rule 1-5(d), "Ex parte means contact with the Court without the advance knowledge or contemporaneous participation of all other reply by Defendants will be due December 1, 2008. The motion will be decided on the papers. Defendants also move to set February 16, 2009, as the dispositive motion deadline. The dispositive motion deadline was previously set in the Court's Order for Service and for Protective Order filed January 26, 2006. "No later than ninety days (90) days from the date their answer is due, Defendants shall file a motion for summary judgment or other dispositive motion." Defendants filed a motion for summary judgment On September 4, 2007, and on August 25, 2008, the Court issued an Order Granting Motion for 2008, the Court set this case for trial. If Defendants want to file another motion for summary judgment, Defendants will need to file a motion for leave of Court to do so and to continue the pretrial and trial dates.

IT IS SO ORDERED.

That on November 7, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Brendan Maguire Kenny Office of the Attorney General Correctional Law Section 455 Golden Gate Avenue Suite #11000 San Francisco, CA 94102 J. Randall Andrada Andrada & Associates Professional Corporation 180 Grand Avenue Suite 225 Oakland, CA 94612 Todd A. Ashker #C58191 Pelican Bay State Prison Box 7500 Crescent City, CA 95532


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