Schulze v. Federal Bureau of Investigation et al

Filing 90

ORDER DIRECTING defendants to serve plaintiff with their second Motion to Dismiss, document 89 , filed on 9/13/2010. Plaintiff is to be served via registered mail, at the address indicated, not later than five working days from the date of service of this order. Plaintiff is DIRECTED to file any response to same no later than twenty-one days from service of defendants' Motion to Dismiss, or show cause by that date for an extension of time to file same; order signed by Chief Judge Anthony W. Ishii on 11/2/2010. (Rooney, M)

Schulze v. Federal Bureau of Investigation et al

Doc. 90

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 In this action pursuant to the Freedom of Information Act, defendants FBI, et al. 18 ("Defendants") have filed a second motion for summary judgment pursuant to this court's 19 memorandum opinion and order filed July 22, 2010, which granted in part and denied in part 20 Defendant's first motion for summary judgment and granted leave to file a second motion for 21 summary judgment. Defendants' second motion for summary judgment was filed on 22 September 13, 2010. Plaintiff is an inmate in a federal correctional facility and consequently 23 does not receive service of process through the court's case management and electronic case 24 filing system ("CM/ECF"). As noted on the receipt that was generated by the CM/ECF 25 system upon filing of Defendant's second motion for summary judgment, the filing party has 26 the responsibility to serve Plaintiff conventionally at the address indicated. The court has 27 reviewed the docket report for this action and notes the absence of any proof of service by 28 mail or otherwise that would indicate service of Defendants' second motion for summary MICHAEL SCHULZE, ) ) Plaintiff, ) ) v. ) ) FEDERAL BUREAU OF ) INVESTIGATION, DRUG ) ENFORCEMENT ADMINISTRATION, ) UNITED STATES MARSHALS ) SERVICE and DEPARTMENT OF ) JUSTICE, ) ) Defendants. ) ____________________________________) CV F 05 ­ 0180 AWI GSA ORDER DIRECTING SERVICE OF DEFENDANTS' SECOND MOTION FOR SUMMARY JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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judgment on Plaintiff.

THEREFORE, it is hereby ORDERED that Defendants shall serve their second motion for summary judgment, Document # 89, upon Plaintiff by registered mail not later than five (5) working days from the date of service of this order. Plaintiff shall thereafter file any response to Defendants' second motion for summary judgment not later than twenty-one days from the date of service of Defendants' motion or shall show cause by that date for extension of time to file.

IT IS SO ORDERED. Dated: 0m8i78 November 2, 2010 CHIEF UNITED STATES DISTRICT JUDGE

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