Singleton v. Hedgepath et al

Filing 151

ORDER signed by Magistrate Judge Gary S. Austin on 3/4/2011 vacating hearing and rescinding 146 Order to Show Cause.(Lundstrom, T)

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(PC) Singleton v. Hedgepath et al Doc. 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 On February 22, 2011, the Court issued an order scheduling a hearing for Dr. Steven M. Yaplee to personally appear before Magistrate Judge Gary L. Austin on April 1, 2011 at 9:30 a.m. to show cause why sanctions should not be imposed for his failure to comply with the subpoena issued by the Court on December 1, 2010, which commanded him to produce designated documents 1 Dockets.Justia.com UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA KELVIN X. SINGLETON, Plaintiff, v. A. HEDGEPATH, et al., 1:08-cv-00095-AWI-GSA-PC ORDER VACATING HEARING ORDER RESCINDING ORDER TO SHOW CAUSE ISSUED ON FEBRUARY 22, 2011 (Doc. 146.) VACATED Hearing on Order to Show Cause / April 1, 2011 at 9:30 a.m. in Courtroom 10 (GSA) PLEASE TAKE NOTICE: The hearing on the Court's Order to Show Cause in this action, scheduled for April 1, 2011 at 9:30 a.m. before Magistrate Judge Gary S. Austin in Courtroom 10 is VACATED from the Court's calendar. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 on or before February 15, 2011. (Doc. 146.) In the alternative, Dr. Steven M. Yaplee was ordered to comply with the subpoena on or before March 15, 2011. Id. On February 25, 2011, Dr. Steven M. Yaplee submitted documents to the Court in compliance with the subpoena. (Doc. 150.) Therefore, the hearing shall be vacated, and the Court's Order to Show Cause shall be rescinded. Accordingly, IT IS HEREBY ORDERED that: 1. The hearing on the Court's Order to Show Cause, scheduled for April 1, 2011 at 9:30 a.m. in Courtroom 10 before Magistrate Judge Gary S. Austin is VACATED from the Court's calendar; 2. The Court's Order to Show Cause, issued on February 22, 2011, is RESCINDED; and 3. The Clerk shall serve a copy of this order on: Steven M. Yaplee, M.D. 1519 Garces Hwy., Ste. 101 Delano, California 93125 IT IS SO ORDERED. Dated: 6i0kij March 4, 2011 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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