McEnroe v. AT&T Mobility Services LLC

Northern District of California, cand-4:2015-cv-02190

ORDER DENYING DEFENDANT LEAVE TO FILE MULTIPLE MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Haywood S. Gilliam, Jr. on 12/14/2015.

Interested in this case?

Current View

Full Text

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SARA MCENROE, Case No. 15-cv-02190-HSG Plaintiff, 8 ORDER DENYING DEFENDANT v. LEAVE TO FILE MULTIPLE 9 MOTIONS FOR SUMMARY 10 AT&T MOBILITY SERVICES LLC, JUDGMENT Defendant. 11 12 Northern District of California United States District Court 13 At the case management conference on September 29, 2015, Defendant AT&T Mobility 14 Services LLC indicated that it wished to file an "early" motion for summary judgment focused 15 solely on whether Plaintiff Sara McEnroe's claim for unlawful termination in violation of public 16 policy is barred by the statute of limitations. The Court ordered Defendant to file a letter brief by 17 December 4, 2015 summarizing the evidence and argument it would present in support of any 18 such early motion for summary judgment. See Dkt. No. 36. 19 The Court is in receipt of both Defendant's timely filed letter brief and Plaintiff's 20 responsive letter brief filed December 9, 2015. Based on these filings, the Court finds that the 21 record is not yet sufficiently developed to allow the Court to resolve the statute of limitations issue 22 as a matter of law. Accordingly, the Court in its discretion DENIES leave to Defendant to file 23 multiple motions for summary judgment. Of course, Defendant may file a motion for summary 24 judgment, on any issue it thinks appropriate, at any time that complies with the Court's Scheduling 25 Order. See Dkt. No. 36. However, if Defendant does not prevail on that summary judgment 26 motion, the Court will not allow it to file a second motion for summary judgment. 27 28 1 In light of the Court's ruling, the deadline to hear Defendant's early motion for summary 2 judgment, currently set for January 28, 2016, is VACATED. 3 IT IS SO ORDERED. 4 Dated: December 14, 2015 5 6 ________________________ HAYWOOD S. GILLIAM, JR. 7 United States District Judge 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2