Short v. Sanzberro et al

Filing 35

ORDER REQUIRING Defendants to File Opposition OR Statement of Non-Opposition to Plaintiff's Motion to Vacate Dismissal; THIRTY-DAY DEADLINE, signed by Magistrate Judge Gerald B. Cohn on 5/23/11. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RODNEY L. SHORT,

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Plaintiff,

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CASE NO. 1:09-cv-00996-OWW-GBC (PC)

v.
JOHN SANZBERRO, et al.,

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Defendants.

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ORDER REQUIRING DEFENDANTS TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO PLAINTIFF’S MOTION TO
VACATE DISMISSAL
(Doc. 33)
/ THIRTY-DAY DEADLINE

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On January 25, 2011, Plaintiff filed a motion to vacate order dismissing the action on the
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grounds that he has timely filed the opposition. (Doc. 33). Defendants were required to file an
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opposition or a statement of non-opposition to the motion within twenty-one days, but has not done
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so. Local Rule 78-230(m). Plaintiff’s certificate of mailing indicates that he served the parties on
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January 4, 2011, which appears to have been one day past the deadline. (Doc. 30). Since it is
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unclear whether Plaintiff timely filed in this instance, should Defendants wish to file an opposition,
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they should address that issue.
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Accordingly, within thirty (30) days from the date of service of this order, Defendants must
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file an opposition or a statement of non-opposition to the above-mentioned motions.
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IT IS SO ORDERED.
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Dated:
0jh02o

May 23, 2011
UNITED STATES MAGISTRATE JUDGE

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