Johnson v. Fogo De Chao Churrascaria (San Jose) LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 4 SCOTT JOHNSON, Case No. 21-cv-02859-BLF
Plaintiff,
ORDER SUSTAINING OBJECTION TO
v. MOTION FOR SUMMARY
JUDGMENT; TERMINATING
FOGO DE CHAO CHURRASCARIA MOTION FOR SUMMARY (SAN JOSE) LLC, JUDGMENT WITHOUT PREJUDICE 9 Defendant. [Re: ECF Nos. 30, 32] 10 Defendant has filed a motion for summary judgment, which has been noticed for March 10, 2022. ECF No. 30. In response, Plaintiff has filed an objection to the motion as (1) untimely under General Order 56 and (2) premature under Federal Rule of Civil Procedure 56(d). ECF No. 32 (“Obj.”). Defendant has responded to the objection. ECF No. 34 (“Resp.”). First, the Court notes that Plaintiff’s objection to the motion was filed one week late. Because Defendant did not suffer any prejudice from the tardy objection—having been given the opportunity to respond to it, ECF No. 33—the Court will consider the objection. …