Opinion
No. C12-05302 HRL
05-09-2013
DOUGLAS ROBERTS, Plaintiff, v. TRIMAC TRANSPORTATION SERVICES (WESTERN), INC., Defendant.
NOT FOR CITATION
ORDER CONTINUING HEARING RE
PLAINTIFF'S SUMMARY JUDGMENT
MOTION
This court previously granted defendant's Fed. R. Civ. P. 56(d) motion for a continuance on the issue whether plaintiff is exempt from overtime compensation under the Fair Labor Standards Act's Motor Carrier Exemption, 29 U.S.C. § 213(b)(1). Plaintiff's summary judgment motion as to that issue was set for further briefing and a June 4, 2013 hearing. Defendant has now filed its supplemental opposition papers, along with its affirmative cross-motion for summary judgment on the same issue, noticed for a June 11, 2013 hearing. Accordingly, the hearing on plaintiff's motion is continued, and the court will hear both motions on June 11, 2013, 10:00 a.m. The deadlines re supplemental briefing on plaintiff's motion remain as set in the court's March 15, 2013 order (Dkt. No. 36).
SO ORDERED.
________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE
5:12-cv-05302-HRL Notice has been electronically mailed to:
Christopher Chad McNatt , Jr cmcnatt@scopelitis.com, mlazo@scopelitis.com
Christopher James Eckhart ceckhart@scopelitis.com, nberry@scopelitis.com
Megan E. Ross mross@michaeltracylaw.com
Michael Lion Tracy mtracy@michaeltracylaw.com, calendar@michaeltracylaw.com