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Charles Darryl Kesecker v. Marin Community

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


November 27, 2012

CHARLES DARRYL KESECKER, PLAINTIFF,
v.
MARIN COMMUNITY COLLEGE DISTRICT, DEFENDANT.

The opinion of the court was delivered by: Jacqueline Scott Corley United States Magistrate Judge

ORDER RESCHEDULING HEARING AND SETTING SCHEDULE FOR REMAINING BRIEFING

On November 1, 2012 Plaintiff filed a Motion for Summary Judgment ("Motion"). (See Dkt. No. 46.) On November 26, 2012, Defendant filed its Opposition to Plaintiff's Motion for Summary Judgment ("Opposition"). (See Dkt. No. 57.) However, pursuant to Civil L.R. 7-3, Defendant's Opposition should have been filed and served not more than 14 days after the Motion was filed.

Plaintiff objects to Defendant's untimely Opposition. (See Dkt. No. 70.)

To allow Plaintiff adequate time to submit his reply to the Opposition, and to ensure the Court is prepared for the hearing on the Motion, the Court orders the following: The hearing on Plaintiff's Motion and Defendant's Motion for Summary Judgment, currently scheduled for December 13, 2012, is hereby rescheduled to December 20, 2012 at 9:00 a.m. Plaintiff's reply to the Opposition shall be filed no later than December 6, 2012. The Court finds that this extension of time provides ample opportunity for Plaintiff to respond to the

Opposition and eliminates any unfairness or prejudice resulting from the untimely Opposition.

IT IS SO ORDERED.

20121127

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