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Civil Rights: Other | California Eastern
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings Order on Motion for Miscellaneous Relief
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Chi Soo Kim on 10/7/2026: The Court is in receipt of Plaintiff's "Motion Asserting Age Discrimination Under FEHA and the Unruh Civil Rights Act." (ECF No. 45 .) The Court construes this motion as a motion for summary judgment. Federal Rule of Civil Procedure 56 allows a party to file a motion for summary judgment "at any time until 30 days after the close of all discovery." Fed. R. Civ. P. 56. However, the rule also allows the court, as is just, to deny the motion or defer consideration so that the opposing party can pursue discovery. Here, discovery has not even begun, and a discovery and scheduling order will not be issued until after the initial scheduling conference currently set for November 3, 2026. Defendant is entitled to an opportunity to pursue discovery before responding to a summary judgment motion. Accordingly, Plaintiff's motion for summary judgment (ECF No. 45 ) is denied without prejudice as premature. See Hill v. Newsom, 2024 WL 1908372, at *3 (E.D. Cal. May 1, 2024) (denying plaintiff's motions for summary judgment as premature where discovery order had not been issued and discovery had not begun), report and recommendation adopted, 2024 WL 4347682 (E.D. Cal. Sept. 30, 2024). Plaintiff may renew his motion after the Court sets any deadlines for the completion of all discovery, and after defendants have had an opportunity to conduct discovery. (TEXT ONLY ENTRY) (Deputy Clerk AW)
Service by Mail
SERVICE BY MAIL: 46 Minute Order served on Stephen Lohbeck. (Deputy Clerk AW)
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