Gallagher v. Philipps ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 EDWARD R. GALLAGHER, Case No.: 20cv993-JLS(BLM) 11 Plaintiff, 12 ORDER SETTING BRIEFING SCHEDULE v. 13 DAVID PHILIPPS and KENNETH JOHN 14 BRAITHWAITE, II, in his capacity as Secretary of the Navy, 15 Defendants. 16 17 18 On September 28, 2020, Defendant David Philips (“Defendant”) filed an Ex Parte Motion 19 to Continue Early Neutral Evaluation Conference (“ENE”) and Case Management Conference 20 (“CMC”). ECF No. 28. Defendant requests that the Court stay the ENE and CMC until District 21 Judge Janis L. Sammartino rules on Defendant’s pending motion to strike or, alternatively, 22 dismisses Plaintiff’s first amended complaint (the “Anti-SLAPP Motion”). Id. at 2. In support of 23 his motion, Defendant states “Plaintiff’s claims target Mr. Philips’s constitutionally protected 24 speech” and “[c]ourts have made clear that early dismissal at the pleading stage is especially 25 appropriate in cases . . . that invoke significant First Amendment rights.” Id. (citing Winter v. 26 DC Comics, 30 Cal. 4th 881, 892 (2003)). In further support, Defendant states that he 27 anticipates that his pending Anti-SLAPP Motion will resolve all of Plaintiff’s claims against him. Id. at 2. Defendant notes that, upon notifying the other parties in the instant action, Plaintiff’s 1 counsel informed him that he intends to file an opposition to Defendant's Motion and counsel 2 Defendant Kenneth John Braithwaite II stated that he had “no objection to postponing the 3 || ENE Conference and other discovery matters until the Anti-SLAPP Motion is decided, but opposes 4 || postponing the CMC absent a broader discovery stay.” Id. at n. 1.; ECF No. 28-1, Declaration 5 |}of Thomas R. Burke in Support of Defendant David Philips’s Ex Parte Motion to Continue Early 6 || Neutral Evaluation Conference and Case Management Conference, at §] 4. Accordingly, the Court 7 || HEREBY SETS the following briefing schedule: 8 1. Any opposition to Defendant Philipps’s motion must be filed on or before October 9 || 2, 2020 at 12:00 p.m. 10 2. Any reply must be filed on or before October 6, 2020. 11 ||Upon completion of the briefing, the Court will take the matter under submission pursuant to 12 || Civil Local Rule 7.1(d)(1) and no personal appearances will be required. 13 IT 1S SO ORDERED. 14 Dated: 9/29/2020 lobe Mager 15 Hon. Barbara L. Major 16 United States Maaistrate Judae 17 18 19 20 21 22 23 24 25 26 27 28