Opinion
CASE NO. CV F 09-0560 LJO SMS
09-08-2011
STANISLAUS FOOD PRODUCTS COMPANY, Plaintiff, v. USS-POSCO INDUSTRIES, et al., Defendant.
ORDER VACATING MOTION FOR SUMMARY JUDGMENT
The complaint was removed to this Court on March 27, 2009, and after multiple motions to dismiss, defendants answered the complaint on August 8, 2011. On August 29, 2011, all defendants moved for summary judgment pursuant to Rule 56. A scheduling conference was held recently (Doc. 307), but a formal order has not yet been issued, and formal discovery has not been conducted. Pursuant to this Court's order on August 30, 2011, plaintiff filed a status report and supporting declaration indicating whether plaintiff is able to oppose the summary judgment motion absent discovery.
The Court has read the status report and the supporting declaration, as well as defendants' response to the status report. The Court finds that plaintiff has stated one or more legitimate issues pursuant to Rule 56(d) for which plaintiff will require discovery before it is able to respond to the motion. Accordingly, the Court VACATES the motion for summary judgment by defendant Pitcal and U.S. Steel, and vacates any joinder in the motion by other defendants. The motion shall not be reset without permission of either this Court or the Magistrate Judge assigned to this case, or 90 days before the hearing cut-off date for dispositive motions, whichever comes first.
This Court is overburdened with in excess of 1800 cases per District Judge, with each case addressing significant and important legal issues and facts as in the current case. Counsel are required, legally and ethically, to work together and avoid further burdening this Court with gamesmanship and hardball tactics. Such tactics will not be tolerated.
The clerk of the Court is directed to terminate document 297.
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE