Ortega
v.
Ritchie

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIAMar 10, 2016
Case No. 15-cv-04876-HSG (PR) (N.D. Cal. Mar. 10, 2016)

Case No. 15-cv-04876-HSG (PR)

03-10-2016

CARLOS ARMANDO ORTEGA, Plaintiff, v. MARK RITCHIE, et al., Defendants.


ORDER GRANTING DEFENDANTS' MOTION FOR EXTENSION OF TIME; DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

Re: Dkt. Nos. 13, 16

Good cause appearing, defendants' motion for an extension of time to file a dispositive motion is hereby GRANTED. The deadline for defendants to file a dispositive motion is CONTINUED to June 28, 2016. Plaintiff shall file any opposition to defendants' motion within twenty-eight (28) days of the date the motion is filed. Defendants shall file a reply within fourteen (14) days of the date the opposition is filed.

The Court notes that Plaintiff has filed a "notice of summary judgment" accompanied by a "demand for jury trial." See Dkt. No. 16. Therein, Plaintiff states that he "has established essential elements showing triable issues of material facts" and asks that summary judgment not be granted to defendants. See id. at 5, 20. The motion appears to be premature as defendants have not yet moved for summary judgment. Further, the filing indicates plaintiff's misunderstanding of a summary judgment motion which is to show that there are no triable issues of material fact and to eliminate the need for a jury trial. Accordingly, plaintiff's motion for summary judgment is DENIED without prejudice. He may re-file a motion for summary judgment after defendants have filed their dispositive motion.

This order terminates Docket Nos. 13 and 16.

IT IS SO ORDERED. Dated: 3/10/2016

/s/_________


HAYWOOD S. GILLIAM, JR.


United States District Judge