Fratus v. Peterson et al

Filing 167

ORDER DIRECTING Defendants to file a Motion for Summary Judgment or an Answer regarding the January 2007 Claim, no later than October 10, 2014, signed by District Judge Roslyn O. Silver on 9/18/14. (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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John Fratus,
Plaintiff,

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vs.

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Sergeant Peterson, et al.,

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Defendants.

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No. CV-08-1500-ROS
ORDER

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The Ninth Circuit recently remanded this case “for the district court to follow the

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framework outlined in [Albino v. Baca, 747 F.3d 1162 (9th Cir. 2014)] in deciding the failure

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to exhaust issue on the 2007 claim.” (Doc. 25-1 at 2-3). Based on that, Defendants will be

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instructed to either file a motion for summary judgment or an answer to the complaint

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regarding the January 2007 claim. Given the age of this case, the parties should not expect

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extensions of briefing deadlines.

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Accordingly,

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IT IS ORDERED no later than October 10, 2014 Defendants shall file a motion for

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summary judgment or an answer regarding the January 2007 claim.
DATED this 18th day of September, 2014.