NGUYEN v. SUPERIOR COURT OF CALIFORNIA, C14-01487 HRL. (2014)
Court: District Court, N.D. California
Number: infdco20141201454
Visitors: 8
Filed: Nov. 26, 2014
Latest Update: Nov. 26, 2014
Summary: ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT HOWARD R. LLOYD, Magistrate Judge. Nga Tuyet Nguyen, proceeding pro se, filed suit against the Superior Court of California, County of Santa Clara (sued as "The Management of Santa Clara Superior Court") on March 31, 2014. Plaintiff has filed a "[Purposed] [sic] Order of Court Re: Summary of Judgment," which the Court will construe as a motion for summary judgment. The case management conference has not yet been held. Summary judgment shou
Summary: ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT HOWARD R. LLOYD, Magistrate Judge. Nga Tuyet Nguyen, proceeding pro se, filed suit against the Superior Court of California, County of Santa Clara (sued as "The Management of Santa Clara Superior Court") on March 31, 2014. Plaintiff has filed a "[Purposed] [sic] Order of Court Re: Summary of Judgment," which the Court will construe as a motion for summary judgment. The case management conference has not yet been held. Summary judgment shoul..
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ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
HOWARD R. LLOYD, Magistrate Judge.
Nga Tuyet Nguyen, proceeding pro se, filed suit against the Superior Court of California, County of Santa Clara (sued as "The Management of Santa Clara Superior Court") on March 31, 2014. Plaintiff has filed a "[Purposed] [sic] Order of Court Re: Summary of Judgment," which the Court will construe as a motion for summary judgment. The case management conference has not yet been held.
Summary judgment should only be sought "after adequate time for discovery." Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). No discovery as taken place in this action. Plaintiff's Motion for Summary Judgment is premature, and therefore is denied. Assuming Plaintiff successfully pleads a claim for relief, she may re-file a motion for summary judgment once discovery has been conducted. Any motion that Plaintiff chooses to file must comply with the case schedule that will be set at the upcoming Case Management Conference.
IT IS SO ORDERED.
Source: Leagle
