Free Order - District Court of California - California

Case 5:07-cv-03011-RS

Document 21

Filed 10/16/2007

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION *E-FILED 10/16/07*

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

RICK G. BREWSTER, et al., Plaintiffs, v. MICHAEL CHERTOFF, et al., Defendants. /

NO. C 07-3011 RS ORDER

Defendants have filed an "administrative motion" requesting clarification as to whether discovery is open in this action, given the Court's order vacating the initial case management order and directing the parties to file cross-motions for summary judgment. It has been the Court's experience in cases of this type that the parties ordinarily neither want nor need discovery, and it is not apparent that permitting discovery would be appropriate given the nature of the issues presented. Accordingly, in the event plaintiffs still wish to pursue discovery they shall, within 20 days of the date of this order, file a brief explaining both the nature of the discovery they wish to conduct and the reasons they believe it is necessary. Defendants may respond to any such brief within 10 days of its filing, and the matter will then be submitted for decision without oral argument. Pending further 1

Case 5:07-cv-03011-RS

Document 21

Filed 10/16/2007

Page 2 of 3

1 2 3 4 5 6 7 8 9 10

order of Court, all discovery is stayed. IT IS SO ORDERED. Dated: October 16, 2007 RICHARD SEEBORG United States Magistrate Judge

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ORDER C 07-3011 RS

2

Case 5:07-cv-03011-RS

Document 21

Filed 10/16/2007

Page 3 of 3

1 2 3 4 5 6 7 8 9 10

THIS IS TO CERTIFY THAT NOTICE OF THIS ORDER HAS BEEN GIVEN TO: Ila Casy Deiss [email protected], [email protected]

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the Court's CM/ECF program. AND A COPY OF THIS ORDER WAS MAILED TO: Rick G Brewster 1513 Flamingo Way San Jose, CA 94087 Daomin Yang 1513 Flamingo Way San Jose, CA 94087

United States District Court

11 Dated: 10/16/07
For the Northern District of California

Chambers of Judge Richard Seeborg By: /s/ BAK

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ORDER C 07-3011 RS

3