DANIEL CHUNG v. JEFFREY F ROSEN
Case No. 21-cv-07583-AMO
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
May 21, 2025
Re: Dkt. No. 131
Before the Court is Defendant Jeffrey F. Rosen mоtion for leave to file a second motion for summary judgment. Plaintiff Daniel Chung opposes the motion, contending – improperly at this stage – that leave to file a subsequent motion for summary judgment should be denied because the basis for the motion for summary judgment is meritless. The proper inquiry is whether good cause exists to entertain an additional summary judgment motion. See Hoffman v. Tonnemacher, 593 F.3d 908, 912 (9th Cir. 2010) (“The district court‘s decision to allow Defendant to file another motion for summary judgment . . . required the district court first to modify the pretrial order.“); see also Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (discussing “good causе” standard for party seeking amendment of case schedule). In appropriatе cases, permitting second motions is logical and promotes just, speedy, inexpensive resolution of suits. Hoffman, 593 F.3d at 911 (citing
The Ninth Circuit affirmed in part and rеversed in part this Court‘s order on Rosen‘s first motion for summary judgment, leaving for this Court to examine on remand whether other discipline Chung shoulderеd violated his First Amendment rights. See ECF 120 at 8. This
The Court will hear the motion on Seрtember 4, 2025, at 2:00 p.m. in Courtroom 10, San Francisco. The Court ORDERS the parties to meet and confer and jointly propose a briefing schedule on Rosen‘s anticipated motion. The parties shall file their proposed briеfing schedule no later than noon on May 29, 2025. Thе parties’ proposed briefing schedule must leave at least four weeks between the reply brief and the hearing date.
IT IS SO ORDERED.
Dated: May 21, 2025
ARACELI MARTÍNEZ-OLGUÍN
United States District Judge