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James T. Carden, Jr., Robert v. Chenega Security & Protection Services

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 13, 2011

JAMES T. CARDEN, JR., ROBERT
L. FOX, LEON W. HEDRICK, ROBERT B. KLEE, GEORGE M. LEMBO, LOREN E. LOVELAND, TERRY D. MYERS, CHARLES R. BRIEFING SAMUELSON, MICHAEL B. SCHAEFER, ARTHUR J. SCHUBERT, THURLOW E. WILLIAMS, MICHELLE W. WOODS, RAYMOND E. YOUNG, WILLIAM H. ZIEGLER, PLAINTIFFS,
v.
CHENEGA SECURITY & PROTECTION SERVICES, LLC, DEFENDANT.

ORDER RE: SUPPLEMENTAL

On April 7, 2011, Magistrate Judge Kellison issued an order denying plaintiff Lembo's motion to waive his deemed admissions. (Docket No. 95.) Because any facts involving the deemed admissions have not yet been fully briefed on defendant's motion for summary judgment,*fn1 the court will permit briefing from both parties addressing what effect the deemed admissions have on the motion for summary judgment. The parties should not take this opportunity to make new arguments or submit new evidence to the court, but should limit their briefs to the effect, if any, of the deemed admissions.

Plaintiff Lembo shall file a supplemental brief on or before April 19, 2011. Defendant shall file a supplemental brief on or before April 26, 2011.

The hearing on defendant's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment, is continued to May 9, 2011, at 2:00 p.m. in Courtroom No. 5. The hearing on plaintiff's Motion to Withdraw as Counsel for plaintiff George Lembo is continued to May 9, 2011, at 2:00 p.m. in Courtroom No. 5. The deadline for taking expert witness depositions is extended to June 8, 2011.

Plaintiff's Ex Parte Application to Extend Dates (Docket No. 96) is DENIED.

IT IS SO ORDERED.


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