Tipaksorn Tungjunyatham v. Mike Johanns

Filing 90

ORDER Denying as Moot Plaintiff's Second Motion for Late Filing of Opposition to Defendant's Bill of Costs 88 , signed by Magistrate Judge Sandra M. Snyder on 6/21/2011. (Herman, H)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 TIPAKSORN TUNGJUNYATHAM, 10 Plaintiff, 11 12 CASE NO. 1:06-cv-01764-SMS ORDER DENYING AS MOOT PLAINTIFF’S SECOND MOTION FOR LATE FILING OF OPPOSITION TO DEFENDANT’S BILL OF COSTS v. MIKE JOHANNS, Secretary of the United States Department of Agriculture, 13 Defendant. 14 (Doc. 88) / 15 Plaintiff again moves for leave to file opposition to Defendant’s bill of costs, maintaining 16 that she was not aware of Defendant’s motion. This Court has previously denied the same 17 motion (Doc. 84) since, when Defendant submitted the bill, Plaintiff was represented by counsel, 18 the Reich Law Firm, which received notice that Defendant filed the bill of costs. Neither the 19 Court nor Defendant is responsible to notify personally a party who is represented by counsel so 20 long as notice is provided to the party’s attorney of record. 21 After the Court’s denial of her prior motion, Plaintiff filed documentation signed by her prior 22 attorney terminating representation. This termination of representation does not change the fact that 23 Plaintiff was represented by her former attorney when Defendant filed its bill of costs. 24 Plaintiff’s motion is DENIED as moot. 25 IT IS SO ORDERED. 26 27 Dated: icido3 June 21, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 28 -1-

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