Opinion
No. CIV S-05-2187 GEB DAD PS.
March 20, 2007
ORDER
Defendants' motion for summary judgment is set for hearing before the undersigned on March 30, 2007. The plaintiffs have filed a counter-motion for summary judgment. Pursuant to Local Rule 78-230(e), the court will continue the hearing on the original motion and the counter-motion so as to give the parties a reasonable opportunity to serve and file opposition and a reply.
Plaintiff timely filed his counter-motion not less than 14 days preceding the hearing but failed to serve the counter-motion on opposing counsel not less than 17 days preceding the hearing date. See Local Rule 78-230(c) and (e).
Accordingly, IT IS ORDERED that:
1. The hearing of defendants' February 26, 2007 motion for summary judgment and plaintiffs' March 16, 2007 counter-motion for summary judgment is continued from March 30, 2007, to April 20, 2007, at 10:00 a.m. before the undersigned. Parties may appear at the hearing telephonically. To arrange telephonic appearance, the parties shall contact Pete Buzo, at (916) 930-4128;
2. Defendants' opposition to plaintiffs' counter-motion shall be filed on or before April 6, 2007, and shall be served in accordance with Local Rule 78-230(c);
3. Any reply to defendants' opposition shall be filed and served by plaintiffs on or before April 13, 2007.