Quintero v. Mariposa County School District et al

Filing 45

ORDER Denying Plaintiff's 44 Motion for Continuance Without Prejudice; ORDER Striking Plaintiff's 43 Letter Filed on January 4, 2013, signed by Magistrate Judge Gary S. Austin on 1/8/2013. (Martinez, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEMETRIO QUINTERO,
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Plaintiff,
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v.
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MARIPOSA COUNTY SCHOOL
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DISTRICT, et al.
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Defendants.
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_____________________________________ )

1:11-cv-00839 AWI GSA
ORDER DENYING PLAINTIFF’S MOTION
FOR CONTINUANCE WITHOUT
PREJUDICE
(Doc. 44)
ORDER STRIKING PLAINTIFF’S LETTER
FILED ON JANUARY 4, 2013

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On January 4, 2013, Plaintiff filed a letter addressed to the undersigned alleging inter
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alia, allegations of misconduct by Defendant’s counsel. (Doc. 43). Plaintiff did not serve
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opposing counsel. Attached to the letter were several discovery requests that Plaintiff alleges
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were served on Defendant on December 31, 2012. On January 7, 2013, the Court returned the
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discovery requests to Plaintiff advising him that discovery documents are not properly filed on
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the Court’s docket.
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Moreover, Plaintiff is advised that the letter will be stricken as it was improperly filed. If
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Plaintiff wishes to file a motion, he must follow Local Rule 230. Writing a letter to the judge is
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not proper and is ex parte communication when the document is not served on opposing counsel.
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Plaintiff has previously been advised of these requirements. (Doc. 10).
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Finally, on that same day, Plaintiff filed a Motion for Ninety Day Extension of time.

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(Doc. 44). In the motion, Plaintiff requests a continuance of the hearing on Defendant’s Motion

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to Compel scheduled for January 11, 2013 at 9:30 am, as well as a continuance of the discovery

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deadline. (Doc. 44). Plaintiff’s motion is DENIED without prejudice. Plaintiff failed to file a

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response to Defendant’s motion. Moreover, Plaintiff’s motion is untimely as he did not file any

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opposition to Defendant’s Motion to Compel. Additionally, Plaintiff is advised that he must

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properly notice a motion including serving opposing counsel, as well as properly noticing the

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motion as set forth in Local Rule 230.

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Accordingly, Plaintiff’s Motion for Continuance is DENIED. The hearing scheduled for

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January 11, 2013 at 9:30 am will remain on calendar. Plaintiff is required to personally appear.

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Moreover, the Clerk of the Court is directed to STRIKE Document 43 from the docket.

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IT IS SO ORDERED.
Dated:
cf0di0

January 8, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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