Ramirez v. County

Filing 59

ORDER CONTINUING HEARING ON MOTION TO AMEND JUDGMENT TO SEPTEMBER 6, 2017, AND REQUIRING DEFENDANT TO SERVE COPY OF MOTION ON PLAINTIFF ROSA RAMIREZ signed by Magistrate Judge Stanley A. Boone on 7/16/2017. MOTION to AMEND the JUDGMENT currently set for 7/26/2017, is CONTINUED to 9/6/2017, at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Within ten (10) days of the date of service of this order, Defendant shall serve a copy of the motion to amend the judgment and this order on Rosa Ramirez; Rosa Ramirez shall file an opposition or notice of nonopposition to Defendant's motion to amend the judgment within ten (10) days of being served with this order. (Thorp, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROSA PATRICIA RAMIREZ,
Plaintiff,

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Case No. 1:11 -cv-00531-AWI-SAB
ORDER CONTINUING HEARING ON
MOTION TO AMEND JUDGMENT TO
SEPTEMBER 6, 2017, AND REQUIRING
DEFENDANT TO SERVE COPY OF
MOTION ON PLAINTIFF ROSA RAMIREZ

v.
MERCED COUNTY,
Defendant.

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On December 23, 2013, a supplemental judgment was entered in this action against Rosa

18 Ramirez and her attorney David Romley jointly and severally. (ECF No. 48.) On October 1,
19 2014, Rosa Ramirez appeared for an examination of the judgment debtor. (ECF No. 57.) On
20 June 22, 2017, Defendant filed a motion to amend the judgment. (ECF No. 58.)
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Defendant seeks to amend the judgment because during the October 1, 2014 examination,

22 Rosa Ramirez stated that she had married and is now using the name Rosa Patricia Irwin. The
23 motion is currently set for hearing on July 26, 2017. Upon review of the motion to amend the
24 judgment, the Court notes that it was not served on Rosa Ramirez. At the time that this action
25 was proceeding, Rosa Ramirez was represented by David Romley who is still counsel on the
26 docket. However, Rosa Ramirez appeared for the debtor examination with counsel Jerry Lowe.
27 Therefore, it does not appear that David Romley has continued to represent Plaintiff or that
28 Plaintiff received notice of the pending motion.

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The Court shall continue the hearing on

1 Defendant’s motion and will require Defendant to serve notice of the motion and a copy of this
2 order on Rosa Ramirez.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The hearing on the motion to amend the judgment is CONTINUED from July 26,
2017, to September 6, 2017, at 10:00 a.m. in Courtroom 9;

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2.

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Within ten (10) days of the date of service of this order, Defendant shall serve a
copy of the motion to amend the judgment and this order on Rosa Ramirez;

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3.

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Rosa Ramirez shall file an opposition or notice of nonopposition to Defendant’s
motion to amend the judgment within ten (10) days of being served with this

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order.

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IT IS SO ORDERED.

13 Dated:

July 16, 2017
UNITED STATES MAGISTRATE JUDGE

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