Opinion
Civil Action No. 05-CV-01211-PSF-CBS.
July 25, 2007
ORDER
This civil action comes before the court on: (1) Mr. Fogle's "Motion to Strike Defendant[s'] Motion for Summary Judgment" (filed July 23, 2007) (doc. # 118); and (2) Mr. Fogle's "Amended Motion to Strike Defendant[s'] Motion for Summary Judgment and Request for Production of Defendants' Enlargement of Time Motions" (filed July 23, 2007) (doc. # 119). Pursuant to the Order of Reference dated April 17, 2006 (doc. # 26) and the memoranda dated February 24, 2007 (docs. # 120 and # 121), the motions were referred to the Magistrate Judge. The court has reviewed the motions, the entire case file, and the applicable law and is sufficiently advised in the premises.
Mr. Fogle asks the court to strike Defendants' Combined Motion for Summary Judgment (doc. # 112) because he alleges that it was untimely filed. The record refutes Mr. Fogle's allegation of untimeliness.
On May 15, 2007, pursuant to a motion joined by Mr. Fogle (doc. # 98), the court extended the deadline for filing dispositive motions to July 6, 2007. ( See doc. # 100). On July 6, 2007, Defendants timely requested an extension of time of five business days, up to and including July 13, 2007 to file their dispositive motion. ( See doc. # 108). On July 9, 2007, District Judge Figa referred the Defendants' motion to Magistrate Judge Shaffer for ruling. ( See doc. # 109). On July 9, 2007, Magistrate Judge Shaffer granted Defendants the requested extension of time of five business days, up to and including July 13, 2007 to file their dispositive motion. ( See doc. # 110).
Defendants timely filed their Combined Motion for Summary Judgment on July 13, 2007. ( See doc. # 112). Mr. Fogle mistakenly states that Defendants' Combined Motion for Summary Judgment was filed on July 16, 2007, referring to the memorandum from District Judge Figa to Magistrate Judge Shaffer that was filed on July 16, 2007. ( See Amended Motion to Strike (doc. # 119) at ¶ 4, p. 5 of 11; see also doc. # 113). On July 16, 2007, Mr. Fogle filed his objection to Magistrate Judge Shaffer's order granting Defendants' request for an extension of time. On July 19, 2007, District Judge Figa overruled Mr. Fogle's objections, stating that "there is no reason to believe plaintiff will be prejudiced by any delay. . . ." ( See doc. # 117).
As the record demonstrates that Defendants' Combined Motion for Summary Judgment was timely filed, IT IS ORDERED that:
1. Mr. Fogle's "Motion to Strike Defendant[s'] Motion for Summary Judgment" (filed July 23, 2007) (doc. # 118) is DENIED.
2. Mr. Fogle's "Amended Motion to Strike Defendant[s'] Motion for Summary Judgment and Request for Production of Defendants' Enlargement of Time Motions" (filed July 23, 2007) (doc. # 119) is DENIED.
3. As set forth in the court's Minute Order dated July 16, 2007 (doc. # 115), Mr. Fogle's response to Defendants' Combined Motion for Summary Judgment remains due on or before August 11, 2007.