Fraher v. Surydevara

Filing 111

ORDER Rescheduling Hearing Date and Extending Time For Filing of Supplemental Briefs Addressing Plaintiff's Motion For Preliminary Injunction 109 signed by Magistrate Judge Gary S. Austin on 7/28/2009. Supplemental Brief due 8/3/2009; Supplemental Brief in Support of Opposition due 8/19/2009; Motion Hearing RESCHEDULED from 8/17/2009 TO 8/31/2009 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii.(Esteves, C)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 CECILIA FRAHER, 11 12 v. 13 SURYDEVARA, et al., 14 Defendants. 15 _________________________________/ 16 This is a civil action filed pursuant to 42 U.S.C. § 1983 and California tort law by 17 Plaintiff Cecilia Fraher, a state prisoner. The action is proceeding on Plaintiff's second amended 18 complaint, filed March 7, 2008, against Defendant Surydevara for violation of the Eighth 19 Amendment of the United States Constitution, and against Defendants Surydevara, Ashraf, and 20 Spaeder on Plaintiff's state law negligence claims. 21 On February 6, 2009, Plaintiff, then proceeding pro se, filed a motion seeking a 22 preliminary injunction. On June 4, 2009, the Court appointed counsel to represent Plaintiff. On 23 June 22, 2009, Plaintiff advised the Court of her intention to pursue her motion. On June 30, 24 2009, the Court set the matter for hearing and ordered a supplementary briefing schedule. 25 On July 20, 2009, Plaintiff moved for an extension of time in which to file her 26 supplemental brief, supported by the Declaration of her attorney John F. Garland, who reported 27 delays attributable to prison restrictions and Plaintiff's ongoing health problems. 28 (Doc. 109) Plaintiff, Case No. 1: 06-CV-01120-AWI-GSA ORDER RESCHEDULING HEARING DATE AND EXTENDING TIME FOR FILING OF SUPPLEMENTAL BRIEFS ADDRESSING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

UNITED STATES DISTRICT COURT

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Accordingly, it is HEREBY ORDERED that: 1. Plaintiff's motion for preliminary injunctive relief is rescheduled for hearing before the Honorable Anthony W. Ishii on August 31, 2009 at 1:30 p.m. in Courtroom 2; 2. Plaintiff shall file the supplemental brief in support of her motion on or before August 3, 2009; and 3. Defendants shall file the supplemental briefs in support of their opposition on or before August 19, 2009.

IT IS SO ORDERED. Dated:

July 28, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE