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Linda Terrell v. Harder Mechanical Contractors Inc

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


March 12, 2010

LINDA TERRELL
PLAINTIFF,
v.
HARDER MECHANICAL CONTRACTORS INC, A CORPORATION, MANAGEMENT CONFERENCE
FLOUR CONSTRUCTION, AN CORPORATION, AND GENE ARCENEAUX, AN INDIVIDUAL, COMPLAINT DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Claudia Wilken

Trial Date: July 11, 2011

ORDER GRANTING EX PARTE APPLICATION MOVING HEARING DATE FOR DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND CASE FROM JUNE 9, 2011 TO JUNE 23, 2011 (DOCKET NO. 122)

Application Defendants Fluor Constructors International, Inc. ("FCII") and Gene Arceneaux (collectively, "Defendants"), hereby apply to the Court ex parte for an Order moving the 3 hearing date for all pending motions and the case management conference currently set to 4 be heard on June 9, 2011 to June 23, 2011. All parties are available on June 23, 2011 and 5 there is no opposition to Defendants' request to move the date of the hearing.

Defendants are not requesting any changes to the briefing schedule for any of the motions or the date of filing of the case management conference statement. Defendants are only requesting a change of the hearing date due to conflicts which do not permit Defendants' counsel to attend the hearing on June 9, 2011. basis pursuant to Federal Rules of Civil Procedure, Rule 6(b)(1). The undersigned 12 counsel has advised counsel for all other parties in this action that such an ex parte 13 request will be made to this Court due to scheduling conflicts by counsel for Defendants.

Defendants are not available for the hearing on June 9, 2011. both lead counsel have 15 scheduling conflicts. Lori Bowman will be out of the state and Leslie Wallis must be in On May 6, 2011, the Court moved the hearing date on the three motions for summary judgment filed against Plaintiff from June 2, 2011 to June 9, 2011. (Dkt. 119)

On the morning of May 9, 2011, the Court issued an order moving the hearing on the 20 remaining motion for partial summary judgment filed by Defendants against Defendant Harder Mechanical and moved the Case Management Conference to June 9, 2011 as 22 well. (Dkt 121) calendar in light of Counsels' unavailability on the new hearing date. The court's on-line calendar showed the first available date for hearing the summary judgment motion after Defendants notified counsel for Plaintiff and counsel for Harder of the calendaring The relief requested by this application is appropriately sought on an ex parte Los Angeles on that date. (See Declaration of Leslie E. Wallis ("Wallis Dec.") ¶ 3) Upon receipt of the court's orders, Counsel for Defendants checked the court's June 9 was June 23 (Wallis Dec. ¶ 4) Therefore, on May 9, 2011, counsel for Terrell. Order re Ex Parte Application conflicts and the need to continue the hearing date and asked whether they were available 2 on June 23, advising them that this date was available on the court's on-line calendar.

Both counsel responded that they were available on June 23, 2011. (Wallis Dec. ¶¶ 4-5) Counsel for Defendants Harder Mechanical Contractors, Inc. is available on June 23, 2011 and is not opposed to this application. (Wallis Dec. ¶ 5) Counsel for Plaintiff Linda Terrell ("Plaintiff") is also available on June 23, 2011 and has stated that they will not oppose this application. Id. However, Plaintiff's counsel has requested that Defendants file this ex parte application as they are not willing to sign a stipulation 9 moving the hearing date. Id.Therefore, all parties are available on the proposed hearing 10 date and no party opposes this request to move the hearing date on all pending motions 11 and the case management conference from the current date of June 9, 2011 at 2:00 p.m. 12 to June 23, 2011 at 2:00 p.m. Based on the foregoing, the court has good cause to move 13 the hearing date to June 23, 2011 at 2:00 p.m. as requested herein.

DATED: May 10, 2011 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. By: Lori A. Bowman Leslie E. Wallis Attorneys for Defendants FLUOR CONSTRUCTORS INTERNATIONAL, INC. and GENE ARCENEAUX

ORDER

Having considered the ex parte application of Defendants Fluor Constructors International, Inc. and Gene Arceneaux for an order moving all pending motions and the 4 case management conference currently set for hearing on June 9, 2011 to June 23, 2011, 5 and finding good cause therefore, IT IS HEREBY ORDERED that all pending motions for summary judgment or partial summary judgment currently set to be heard on June 9, 2011 and the case 8 management conference will now be heard on June 23, 2011 at 2:00 p.m. This order 9 does not change the briefing schedule set by the Court in its May 6, 2011 Order. Docket No. 119.

Dated: May 10, 2011

Judge Claudia A. Wilken

20100312

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