Sotelo v. Birring, et al.

Filing 62

ORDER Requiring Defendants to Either Withdraw Their Motion for Summary Judgment or File a Notice Stating Their Intent to Stand By the Motion As Is, signed by Magistrate Judge Sheila K. Oberto on 7/26/2011. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERTO A. SOTELO,

CASE NO. 1:08-cv-01342-LJO-SKO

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Plaintiff,

ORDER REQUIRING DEFENDANTS TO
EITHER WITHDRAW THEIR MOTION FOR
SUMMARY JUDGMENT OR FILE A NOTICE
STATING THEIR INTENT TO STAND BY
THE MOTION AS IS

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v.
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T. BIRRING, et al.,
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Defendants.
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(Doc. 41)
/

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Plaintiff Roberto A. Sotelo filed this civil rights action pursuant to 42 U.S.C. § 1983 on

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September 10, 2008. This action is proceeding on Plaintiff’s amended complaint, filed February 24,

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2009, against Defendants Birring, Das, Diep, and Coleman for acting with deliberate indifference

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to Plaintiff’s medical needs, in violation of the Eighth Amendment.

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Defendants filed a motion for summary judgment on January 25, 2011, at which time

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Plaintiff was proceeding pro se. Since that time, counsel was appointed to represent Plaintiff and

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a scheduling conference was set for October 27, 2011. Under these circumstances, it is likely that

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Defendants may wish to withdraw their motion and file another one at a later date.

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Accordingly, within ten (10) days from the date of service of this order, Defendants shall

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either withdraw their motion for summary judgment or file a notice stating that they intend to stand

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by the motion as is.

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IT IS SO ORDERED.

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Dated:
ie14hj

July 26, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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