Law _ Motion

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) (2) c. 1. LAW AND MOTION General Requirements a. b. Mondays are “Motion Day” and all motions must be set accordingly [L.R. 78-1] For all motions other than discovery motions or in cases identified in LR 16-11, before the motion is filed, counsel for the moving party must first contact opposing counsel, preferably in person, to discuss the substance of the motion and any potential resolution. If the proposed motion is one that the FRCP requires to be filed within a specified period of time, the meet and confer session shall take place at least 5 days before the last day for filing the motion. In all other cases, the conference shall take place at least 20 days prior to filing the motion. [L.R. 7-3] (1) If parties are unable to resolve the issue, moving party’s counsel shall include the following statement in the notice of motion: “This motion is made following the conference of counsel pursuant to Local Rule 7-3 which took place on (date).” Notice period (1) Moving papers must be filed/served at least 21 days before the hearing date (24 days if served by mail) [L.R. 6-1] Opposition papers must be filed/served at least 14 days (including weekends and holidays) before the hearing date [L.R. 7-9] Reply papers must be filed/served at least 7 days (including weekends and holidays) before the hearing date [L.R. 7-10] i 1 2 3 4 5 2. Format requirements a. b. c. d. Original must be so labeled [L.R. 11-3.4] Bluebacks required [L.R. 11-3.5] Footnotes may be single spaced [L.R. 11-3.6.1] One bluebacked copy of document must be filed [L.R. 11-4.1] Unless impracticable, exhibits must be numbered consecutively to the principal document [L.R. 115.2] Exhibit number must be placed on each page of the exhibit (above or below the page number) and exhibits must be tabbed in sequential order [L.R. 11-5.3] Copies of facsimile documents can be filed [L.R. 11-2] Quotations from cited cases or other authorities more than one (1) sentence shall be indented not less than five (5) spaces and no more than 20 spaces [L.R. 11-3.7] Initial U.S. Supreme Court citations must include all parallel cites/state citations must include regional reporter cite published by West Publishing Company/Initial California cites should include official citation and California Reporter citation [L.R. 11-3.9.3] Memorandum of points and authorities cannot exceed 25 pages [L.R. 11-6] and briefs exceeding 10 pages must include table of contents and authorities [L.R. 11-8] 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 3. j. i. h. g. f. e. With the Court’s consent, counsel may waive oral argument. Must notify Court clerk by 12:00 noon on the third court day before the hearing date [L.R. 7-15] Must lodge cited deposition transcripts no later than 10 days before hearing date [L.R. 32-1] ii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Summary Judgment motions [FRCP, Rule 56; LR 56-1, 56-2, 56-3 and 56-4] a. Moving party must submit statement of uncontroverted facts and conclusions of law and proposed judgment [L.R. 56-1] iii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEIN & ASSOCIATES Michael D. Stein (SBN 132540) 5235 West Allen Street Suite 200 Los Angeles, CA 90067 Tel: (213) 555-0994 Fax: (213) 555-0995 Attorneys for Defendant B-2 VIDEO INCORPORATED UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SCOTT ALAN WOODWARD, ) ) Plaintiff, ) ) ) vs. ) ) ) B-2 VIDEO INCORPORATED, a ) Missouri corporation; and DOES ) 1 through 20 inclusive, ) ) Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: DEFENDANT B-2 VIDEO INCORPORATED’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES [Filed concurrently with Statement of Uncontroverted Facts and Conclusions of Law and (Proposed) Order] DATE: July 19, 2004 TIME: 10:00 a.m. PLACE: Courtroom of the Honorable Leslie A. Meyerson 1 1 2 3 4 5 TO PLAINTIFF AND HIS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on July 19, 2004, at 10:00 a.m., or as soon thereafter as counsel may be heard, in the Courtroom of the Honorable Leslie A. Meyerson, located at 312 North Spring Street, Los Angeles, California 90012, defendant B-2 Video 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the implied covenant of good faith and fair dealing fail as a matter of law because Plaintiff’s employment was terminable at will and, in any event, there was good cause to terminate Plaintiff’s employment. 2 Incorporated (“Defendant”) will, and hereby does move, the Court for an order granting summary judgment and dismissing with prejudice plaintiff Scott Alan Woodward’s (“Plaintiff”) complaint and each cause of action alleged therein pursuant to Rule 56 of the Federal Rules of Civil Procedure. This Motion is based on the ground that there are no triable issues of material fact with respect to Plaintiff’s claims and that Defendant is entitled to judgment as a matter of law. This Motion is made on the following grounds: 1. Defendant is entitled to summary judgment on Plaintiff’s discrimination claim pursuant to California Government Code § 12940 et. seq. because Defendant had a legitimate business reason for terminating Plaintiff’s employment, and Plaintiff has no evidence of pretext. 2. Defendant is entitled to summary judgment on Plaintiff’s claims for breach of implied contract and breach of 1 2 3 4 5 This Motion is based on this Notice, the accompanying Memorandum of Points and Authorities, the accompanying Declarations of Paul R. Allen and Michael D. Stein, the Statement of Uncontroverted Facts and Conclusions of Law filed concurrently herewith, all pleadings and documents on file, and upon such 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 evidence and arguments as may properly come before the Court at the time of the hearing on the Motion. This Motion is made following the conference of counsel pursuant to Local Rule 7-3 which took place on February 3, 2004. DATED: March 31, 2004 STEIN & ASSOCIATES By: _________________________________ Michael D. Stein Attorneys for Defendant B-2 VIDEO INCORPORATED 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V. I. II. TABLE OF CONTENTS Page INTRODUCTION . . . . . . . . . . . . . . . . . . .1 STATEMENT OF FACTS . . . . . . . . . . . . . . . .3 III. B-2 IS ENTITLED TO SUMMARY JUDGMENT ON PLAINTIFF’S CLAIMS FOR AGE AND GENDER DISCRIMINATION . . . . . . . . . . . . IV. B-2 IS ENTITLED TO SUMMARY PLAINTIFF’S THIRD CAUSE OF OF THE IMPLIED COVENANT OF FAIR DEALING . . . . . . . . . . . .7 JUDGMENT ON ACTION FOR BREACH GOOD FAITH AND . . . . . . . . . . . .11 CONCLUSION. . . . . . . . . . . . . . . . . . . . 15 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASES TABLE OF AUTHORITIES Page(s) Blau v. Del Monte Corp. (9th Cir. 1984) 748 F.2d 1348. . . . . . . . . . . . 10 Burton v. Security Pacific National Bank (1988) 197 Cal.App.3d 972 . . . . . . . . . . . . . .15 Lafferty v. Solar Turbines (9th Cir. 1982) 666 F.2d 408. . . . . . . . . . . . . 9 Stansfield v. Starkey (1990) 220 Cal.App.3d 59. . . . . . . . . . . . . . 13 5 1 2 3 4 5 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION [ADD INTRODUCTION HERE] II. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 STATEMENT OF FACTS [ADD FACTS HERE] III. LEGAL DISCUSSION [ADD LEGAL DISCUSSION HERE] IV. CONCLUSION For all of the foregoing reasons, defendant B-2 Video Incorporated respectfully requests that its Motion for Summary Judgment be granted. DATED: March 31, 2004 STEIN & ASSOCIATES By: _________________________________ Michael D. Stein Attorneys for Defendant B-2 VIDEO INCORPORATED 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ___ STATE OF CALIFORNIA COUNTY OF LOS ANGELES PROOF OF SERVICE ) ) ) ss: I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and am not a party to the within action. My business address is 5235 West Allen Street Suite 200, Los Angeles, CA 90067. On March 31, 2004, I served the foregoing documents described as DEFENDANT B-2 VIDEO INCORPORATED’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Peter Crawford, Esq. 27255 Van Buren Road Torrance, California BY MAIL 93627 I deposited such envelope into the Firm’s office mail at Los Angeles, California. I am readily familiar with the Firm’s practice of collection and processing correspondence for mailing. Under that practice, in the ordinary course of business, the mail is affixed with postage thereon fully prepaid and deposited with the U.S. Postal Service in Los Angeles, California on the same day. I am aware that on motion of a party served, service is presumed invalid if the postal cancellation date or the postage meter date is more than one (1) day after the date of deposit for mailing in this affidavit. ___ BY PERSONAL SERVICE I hand delivered such envelope to the offices of the addressee(s) listed above. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed March 31, 2004 at Los Angeles, California. _____________________________ Harriet Evans 7