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Sarabia v. Otis Elevator Co.

United States District Court, N.D. California, San Jose Division

July 22, 2016

BETHA. SARABIA Plaintiff,
v.
OTIS ELEVATOR COMPANY, CUSHMAN 8c WAKEFIELD, INC. and DOES One through Three, Inclusive, Defendants.

          Complaint Filed: June 3, 2015

          Trial Dated: September 26, 2016

          TUCKER ELLIS LLP BART L. KESSEL ANNE SWOBODA CRUZ VALERIA GOLODNITSKA South Flower Street Forty-Second Floor Los Angeles, KELLY M. BREEN One Market Plaza Steuart Attorneys for Defendant OTIS ELEVATOR COMPANY

          [PROPOSED] ORDER TO HEAR DEFENDANT OTIS ELEVATOR COMPANY'S MOTION FOR SUMMARY JUDGMENT AND MOTION FOR PARTIAL SUMMARY JUDGMENT ON LESS THAN 35 DAYS' NOTICE

          Hon. Nathaniel Cousins Judge.

         Defendant Otis Elevator Company ("Otis") requests an order from the Court allowing its Motion for Summary Judgment against Plaintiff Beth Sarabia's ("Plaintiff) Amended Complaint to be heard on 33 days' notice, and also requests that its Motion for Partial Summary Judgment against Defendant Cushman & Wakefield, Inc.'s ("CW") Cross-Claim be heard on 33 days' notice. This Court held a case management conference hearing on May 19, 2016. All parties were present. At that hearing, the Court ordered that the last day to file dispositive motions is July 22, 2016, and that the last day to hear dispositive motions is August 24, 2016 at 1:00 p.m. (Minute Entry Order from this proceeding is attached hereto as Exhibit A). This order provides for 33 days' notice as opposed to the 35 days' notice required by Northern District of California, Civil Local Rule 7-2(a) ("all motions must be filed, served, and noticed in writing on the motion calendar of the assigned Judge for hearing not less than 35 days after filing of the motion"). All parties agreed to 33 days' notice at the May 19, 2016 case management conference hearing. As such, no party will suffer prejudice by having these motions heard on 33 days' notice as opposed to 35 days' notice. Having taken all the facts and evidence into consideration, the Court finds there is good cause to have the above-mentioned motions heard on 33 days' notice, and also finds that Otis timely filed these motions on July 22, 2016.

         Accordingly, IT IS ORDERED AND ADJUDGED that:

         1. Defendant Otis Elevator Company's Motion for Summary Judgment to Plaintiffs Amended Complaint will be heard on 33 days' notice, and this hearing is set for August 24, 2016; and

         2. Defendant Otis Elevator Company's Motion for Partial Summary Judgment to CW's Cross-Claim will be heard on 33 days' notice, and this hearing is set for August 24, 2016.

         Exhibit A

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         U.S. District Court

         California Northern District

         Notice of Electronic Filing The following transaction was entered on 5/20/2016 ...


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