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Hutchens v. Alameda County Medical Center

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


May 12, 2009

JOHN F. HUTCHENS, ZAMORA MOTON, AND BABY S.A., BY JOHN F. HUTCHENS, NEXT FRIEND, PLAINTIFFS,
v.
ALAMEDA COUNTY MEDICAL CENTER, AND DOES 1-20, DEFENDANT.

The opinion of the court was delivered by: Hon. Saundra Brown Armstrong United States District Judge

(Docket 116)

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

On May 1, 2009, Defendants County of Alameda and Rodolpho Hernandez (collectively "County Defendants") filed a motion to dismiss (Docket 116), which it noticed for hearing on June 9, 2009. Since the law and motion cut-off was March 31, 2009, the motion is untimely. In addition, the motion was noticed for hearing at the same date and time as the pretrial conference, which presently is scheduled for June 9, 2009. The Court does not hear law and motion matters at the pretrial conference. Finally, County Defendants failed to certify that they met and conferred with opposing counsel before filing their motion. Paragraph 5 of this Court's Standing Order for Civil Cases expressly states, "Meet and Confer Requirement; All parties are required to meet and confer before filing any motion with this court, and to certify that they have complied with this requirement."*fn1

IT IS HEREBY ORDERED THAT County Defendants' untimely motion to dismiss is DENIED.

IT IS SO ORDERED.


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