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When is Opposition to MSJ due in CDCA? (21 days after being served?)

Posted: Fri Mar 25, 2016 9:20 pm
by Anonymous User
For Central District of CA, is the opposition to MSJ due 21 days before whatever date is the hearing date on the motion or 21 days after being served the MSJ?

Local rule says this:
L.R. 7-9 Opposing Papers. Each opposing party shall, not later than ten (10) days after service of the motion in the instance of a new trial motion and not later than twenty-one (21) days before the date designated for the hearing of the motion in all other instances, serve upon all other parties and file with the Clerk either (a) the evidence upon which the opposing party will rely in opposition to the motion and a brief but complete memorandum which shall contain a statement of all the reasons in opposition thereto and the points and authorities upon which the opposing party will rely, or (b) a written statement that that party will not oppose the motion. Evidence presented in all opposing papers shall comply with the requirements of L.R. 7-6, 7-7 and 7-8.

Re: When is Opposition to MSJ due in CDCA? (21 days after being served?)

Posted: Fri Mar 25, 2016 10:16 pm
by Anonymous User
Not the right forum here bud.

Re: When is Opposition to MSJ due in CDCA? (21 days after being served?)

Posted: Fri Mar 25, 2016 10:51 pm
by 84651846190
(guy who can't look up a case that had similar procedural posture on ECF to find the answer)

THIS IS NOT LEGAL ADVICE:

1. Did you look in the scheduling order to see if these dates have already been set?

2. MSJs are not motions for new trial, so it looks like 21 days before the hearing is the default rule. This makes sense in context if you look at the very next local rule (7-10) which says that reply briefs are due 14 days before the hearing.

Re: When is Opposition to MSJ due in CDCA? (21 days after being served?)

Posted: Fri Mar 25, 2016 11:28 pm
by Anonymous User
Anonymous User wrote:Not the right forum here bud.
Where would be the correct forum to post this?

Re: When is Opposition to MSJ due in CDCA? (21 days after being served?)

Posted: Fri Mar 25, 2016 11:29 pm
by Anonymous User
Biglaw_Associate_V20 wrote:(guy who can't look up a case that had similar procedural posture on ECF to find the answer)

THIS IS NOT LEGAL ADVICE:

1. Did you look in the scheduling order to see if these dates have already been set?

2. MSJs are not motions for new trial, so it looks like 21 days before the hearing is the default rule. This makes sense in context if you look at the very next local rule (7-10) which says that reply briefs are due 14 days before the hearing.
I just figured it out and you are correct. hearing date is on the notice of the MSJ. So it's 21 days before that hearing date.