Case Number: SC117592    Hearing Date: August 22, 2014    Dept: M

WHEELER v. POSO CREEK
SC117592

With deepest apologies, the Court must continue the hearing on Plaintiff’s motion for summary judgment currently set for August 22, 2014, and request the submission of courtesy binders. For reasons unknown to the Court, the voluminous documents filed by the respective parties with regard to the motion have been filed away, and it appears that some may be missing.

Motion is continued to October 3, 2014, at 9:00 a.m., in this department.

On or before September 5, 2014, Plaintiff is to submit directly in this department courtesy binders which contain: (1) tables of contents and tabs; (2) copies of all papers filed in support of the motion at bar, as well as all corresponding opposition and reply papers, including all evidentiary objections and responses thereto; and (3) copies of all pleadings pertinent to the motion. All separately-filed documents are to be separated with numbered tabs which correspond to the table of contents. All exhibits are to be tabbed pursuant to CRC 3.1110(f). All deposition transcripts are to be highlighted, as required by CRC 3.1116(c). Each binder is to be properly labeled on the spine and front cover.

Counsel may wish to use different tabs (i.e., numbered tabs, lettered tabs, tabs which extend from the bottom, tabs which extend from the right side) in order to make it easier for the Court to locate any given document.

No new documents are to be submitted. The Court will determine the motion based only on the previously-filed documents. Notwithstanding the foregoing, counsel are strongly encouraged to meet and confer as to all evidentiary objections, and are to file written notice of any withdrawn objection(s).

Insofar as “all the cards on the table,” respective counsel are urged to explore settlement. If the claims are settled, counsel should so inform the Court by telephone and in writing as soon as is reasonably possible, so that valuable time and resources are not utilized in determining a moot or potentially moot motion.

Clerk to give notice to Plaintiff by facsimile and phone. That party is to give notice to all other parties by noon on Tuesday, August 19, 2014 and file proof of service directly in this department on or before 3:00 p.m. on Wednesday, August 20, 2014. A copy of this ruling is to be attached to the notice.