Filed: Mar. 12, 2014
Latest Update: Mar. 12, 2014
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. 1. On February 14, 2014, defendants noticed a summary judgment motion for March 17, 2014 (ECF No. 35). On March 10, 2014, defendants noticed a second summary judgment motion (ECF No. 43), scheduling it for hearing on April 7, 2014. The court's review of both motions shows that they are in essence, one motion divided into two parts. The first part argues that plaintiff's Americans with Disability Act ("ADA") lawsuit should be dismissed because the fa
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. 1. On February 14, 2014, defendants noticed a summary judgment motion for March 17, 2014 (ECF No. 35). On March 10, 2014, defendants noticed a second summary judgment motion (ECF No. 43), scheduling it for hearing on April 7, 2014. The court's review of both motions shows that they are in essence, one motion divided into two parts. The first part argues that plaintiff's Americans with Disability Act ("ADA") lawsuit should be dismissed because the fac..
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ORDER
CAROLYN K. DELANEY, Magistrate Judge.
1. On February 14, 2014, defendants noticed a summary judgment motion for March 17, 2014 (ECF No. 35). On March 10, 2014, defendants noticed a second summary judgment motion (ECF No. 43), scheduling it for hearing on April 7, 2014.
The court's review of both motions shows that they are in essence, one motion divided into two parts. The first part argues that plaintiff's Americans with Disability Act ("ADA") lawsuit should be dismissed because the facilities at issue are not places of public accommodation. The second part argues that even if the court finds that the facilities are public accommodations, the lawsuit should nevertheless be dismissed as moot.
The court concludes that defendants are attempting to circumvent the court's 30-page limit on motion papers, as the combined motion is in excess of 30 pages. See Order of September 11, 2012 (ECF No. 4) ¶ 11 ("Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to thirty (30) pages .... The parties are also cautioned against filing multiple briefs to circumvent this rule").
Accordingly, the court orders defendants' second summary judgment motion (ECF No. 43) STRICKEN from the docket.
2. Defendants' surviving motion for summary judgment (ECF No. 35), currently noticed for March 17, 2014, is hereby CONTINUED to April 7, 2014, so that it may be heard together with plaintiff's summary judgment motion (ECF No. 41).
IT IS SO ORDERED.