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Donald R. Huene v. U.S. Department of the Treasury

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


May 30, 2012

DONALD R. HUENE, PLAINTIFF,
v.
U.S. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE; SIU CHAN; AND ANTHONY SHELLEY, DEFENDANTS.

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

ORDER MODIFYING BRIEFING SCHEDULE

On May 14, 2012, the court set a briefing schedule to govern the briefing of defendant Internal Revenue Service's ("IRS") motion for summary judgment on plaintiff's Freedom of Information Act claims.*fn1 (Order, May 14, 2012, Dkt. No. 23.) On May 29, 2012, the IRS filed an ex parte motion to modify the briefing schedule, which represents that plaintiff consented to the new, proposed briefing schedule (Dkt. No. 25).*fn2 The court grants the IRS's unopposed motion in part.*fn3 However, the court does not approve the IRS's request to truncate the time for plaintiff to file a written opposition to the motion for summary judgment-the IRS's ex parte motion reduces plaintiff's time to oppose the motion by approximately two weeks. Additionally, the court does not approve the IRS's attempt to enlarge its time to file a reply brief by approximately one week.

In light of the foregoing, IT IS HEREBY ORDERED that:

1. Defendant Internal Revenue Service's unopposed, ex parte motion to modify the briefing schedule governing its forthcoming motion for summary judgment (Dkt. No. 25) is granted in part.

2. No later than June 28, 2012, the IRS shall file and serve on plaintiff its motion for summary judgment, as more fully explained in the court's May 14, 2012 order.

3. No later than July 26, 2012, plaintiff shall file a written opposition to the motion for summary judgment.

4. The IRS may file a reply brief on or before August 2, 2012. 5. The court shall hear the IRS's motion for summary judgment on August 23, 2012, at 10:00 a.m., in Courtroom 25.

6. The IRS's ex parte motion to modify the briefing schedule filed on May 25, 2012 (Dkt. No. 24) is denied as moot.

IT IS SO ORDERED.


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