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Michael E. Boyd v. Accuray

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 10, 2012

MICHAEL E. BOYD,
PLAINTIFF,
v.
ACCURAY, INC.; DOES 1-50, DEFENDANTS.

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

ORDER RE: BRIEFING SCHEDULE ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Now before the Court is Plaintiff's application for a third enlargement of time to respond to Defendant's motion for summary judgment. ECF No. 64-3 ("Appl."). Defendant has filed an 16 opposition, and Plaintiff has filed a reply. ECF No. 66 ("Opp'n"); ECF No. 67 ("Reply"). 17

Plaintiff's primary reason for requesting an enlargement of time is that his attorney's health 18 condition has prevented him from meeting the briefing schedule as originally set and as modified 19 by the Court's two prior extensions. See Appl.; ECF No. 65 ("Suppl. Westreich Decl.").

The Court finds good cause to grant another extension, but is concerned that any further extensions will 21 prejudice the parties and delay resolution of this matter. Accordingly, the hearing on Defendant's 22 motion for summary judgment and the case management conference are hereby continued to May 23 31, 2012, at 1:30 p.m. By 5:00 p.m. on May 11, 2012, Plaintiff's counsel shall file either: (1) an 24 opposition to Defendant's motion for summary judgment; or (2) a motion to withdraw or to 25 substitute counsel. 26

If Plaintiff files an opposition to Defendant's motion for summary judgment, Defendant's reply will be due May 21, 2012.

If, on the other hand, Plaintiff files a motion to withdraw or to substitute counsel, Defendant 2 may file an opposition by May 21, 2012; Plaintiff may file a reply by May 28, 2012; and the Court 3 will hear the motion on May 31, 2012. No further extensions will be countenanced. 4 5

IT IS SO ORDERED.

United States District Court For the Northern District of California

20120510

© 1992-2012 VersusLaw Inc.



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