UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 7, 2011
WALGREEN CO., DEFENDANT.
The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
(Docket No. 12)
ORDER DENYING STIPULATED REQUEST FOR EXTENSION OF DEADLINES WITHOUT PREJUDICE
On February 3, 2011, the parties filed a stipulated request seeking to extend the deadlines applicable to the filing and hearing of dispositive motions. The parties request that the filing date for such motions be extended from March 7, 2011, to April 15, 2011, and that dispositive motions be heard on or before May 16, 2011. The parties state they are not requesting a continuance of any other scheduling dates.
The parties' request cannot be accommodated. First, the request is not supported by proper affidavits citing reasons establishing good cause to modify and extend the deadlines. As set forth in the Scheduling Conference order:
Stipulations extending the deadlines contained herein will not be considered unless they are accompanied by affidavits or declarations, and where appropriate attached exhibits, which establish good cause for granting the relief requested.
(Doc. 9, at 7.)
Second, the extended deadline requested is not viable because the proposed dispositive motion hearing date cannot be scheduled for May 16, 2011 -- only three weeks before the date of the pre-trial conference set for June 8, 2011.
The parties may file a renewed request that complies with the Scheduling Order and sets forth a workable schedule, keeping in mind that any dispositive motion hearing date must be scheduled at least seven weeks before the pre-trial conference and any trial date must be at least eight weeks after the pre-trial conference date.
Accordingly, IT IS HEREBY ORDERED THAT the parties' stipulated request for an extension of the dispositive motion filing and hearing deadlines is DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
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