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J & J Sports Productions, Inc v. Armando Rios Torres

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 23, 2011

J & J SPORTS PRODUCTIONS, INC., PLAINTIFF,
v.
ARMANDO RIOS TORRES, INDIVIDUALLY AND D/B/A CAVOUR CLUB, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On December 15, 2011, plaintiff filed a motion for partial summary judgment in this case and noticed that motion for a hearing to take place on January 19, 2012 (Dkt. No. 31).*fn1

Plaintiff's motion contains at least two critical and fatal deficiencies that prevent defendant from adequately responding to the motion and preclude the court from reviewing the merits of the motion. First, plaintiff's notice of motion and motion provides absolutely no notice to plaintiff or the court regarding which of plaintiff's claims are the subject of the motion for partial summary judgment. Second, plaintiff failed to file a memorandum of points and authorities in support of the motion. These failures render plaintiff's motion incomprehensible, and the court denies plaintiff's motion without prejudice.*fn2

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for partial summary judgment (Dkt. No. 31) is denied without prejudice.

2. The January 19, 2012 hearing on plaintiff's motion for partial summary judgment is vacated.

IT IS SO ORDERED.


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