UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
March 25, 2011
GOLDEN BEAR INSUR. CO.,
LEXINGTON INSUR. CO., DEFENDANT.
The opinion of the court was delivered by: Lucy H. Koh United States District Judge
ORDER AMENDING BRIEFING SCHEDULE REGARDING MOTIONS FOR SUMMARY JUDGMENT
(re: dkt. #47)
Although filed on separate dates, both parties' motions for summary judgment are set for hearing on May 26, 2011. The Court issued a briefing schedule for both motions on March 11, 2011. See Dkt. #38. With respect to Plaintiff's motion for partial summary judgment, the Court 19 ordered the following schedule: Defendant's Opposition was due by Friday, March 18, 2011 (which was timely filed), and Plaintiff's Reply is due by Friday, March 25, 2011. With respect to Defendant's motion for summary judgment: Plaintiff's Opposition is due by Friday, April 1, 2011, 22 and Defendant's Reply is due by Friday, April 8, 2011.
Defendant filed a timely opposition to Plaintiff's motion on March 18, 2011. However, on March 24, 2011, the parties filed a stipulation seeking to extend the deadline for the remaining 25 dates, proposing that: (1) Plaintiff's Reply to its own motion would be due on April 22, 2011; (2) Plaintiff's Opposition to Defendant's motion would be due on April 22, 2011; and (3) Defendant's Reply to its own motion would be due on May 3, 2011. See Dkt. #47. The parties represent that such an extension is supported by good cause because they need to conduct an additional 2 deposition, which they "are anticipating will be taken and completed by April 1, 2011."
It is not clear to the Court why the parties would have filed motions for summary judgment if an additional deposition is truly necessary. In any event, in light of the time remaining until the May 26, 2011 hearing date (a date that will not be extended), the Court will grant the parties' 6 stipulation and extend the deadlines for the remaining briefing. Further requests for extensions of 7 time are disfavored. 8
IT IS SO ORDERED.
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