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Charmane Smith v. Phoenix Technologies Ltd

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


September 6, 2011

CHARMANE SMITH,
PLAINTIFF,
v.
PHOENIX TECHNOLOGIES LTD.,
DEFENDANT.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER DENYING ADMINISTRATIVE MOTION TO SHORTEN TIME

On August 29, 2011, Defendant Phoenix Technologies, Ltd., filed an administrative motion seeking to shorten time on its motions to dismiss and to declare plaintiff a vexatious litigant, specifically seeking to set a hearing for these two motions on October 6, 2011. Defendant claims that resetting the hearing date is necessary to "avoid expending further resources in having to comply with certain discovery and ADR deadlines." See Admin. Mot. for Hearing on Mot. to Dismiss Pl.'s Complaint and Mot. to Declare Pl. a Vexatious Litigant at 1, ECF No. 46.

No initial case management conference has occurred in this case before this Court, and thus there is currently no case management schedule or discovery order. To the Court's knowledge, there are no pending ADR or discovery deadlines that would pass before the currently scheduled November 8, 2011 hearing date. Therefore, Defendant's administrative motion to shorten time is DENIED.

IT IS SO ORDERED.

20110906

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