Lanier v. Clovis Unified School District

Filing 49

ORDER Setting Date for Defendant's Response to Plaintiff's 44 Request for Continuance; ORDER VACATING 47 Order Signed on February 15, 2013 signed by Magistrate Judge Gary S. Austin on 2/20/2013. (Martinez, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES M. LANIER,
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Plaintiff,
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v.
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CLOVIS UNIFIED SCHOOL DISTRICT,
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Defendant.
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_____________________________________ )

1:11-cv-01613 LJO GSA
ORDER SETTING DATE FOR
DEFENDANT’S RESPONSE TO
PLAINTIFF’S REQUEST FOR
CONTINUANCE
(Doc. 44).
ORDER VACATING ORDER SIGNED ON
FEBRUARY 15, 2013 (Doc. 47)

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On January 28, 2013, Plaintiff, James Lanier (“Plaintiff”) submitted a request to continue
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this matter for thirty or forty-five days. (Doc. 44). The basis of the request is that Plaintiff had
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surgery on January 28, 2013 . On January 31, 2013, this Court issued an order requiring that
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Plaintiff submit additional medical information within five days in support of his request for
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continuance.
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On February 15, 2013, the Court signed an Order denying Plaintiff’s motion because no
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documentation had been received. (Doc. 47). Plaintiff submitted the requested documentation
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later in the day on February 15, 2013, after the Order was signed. 1 (Doc. 46). Although

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Plaintiff’s submission is untimely, the Court will accept Plaintiff’s late filing given the

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circumstances. As such, the Court vacates the order signed on February 15, 2013, denying

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Plaintiff’s request for continuance. (Doc. 47).

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Defendant, Clovis Unified School District (“Defendant”) shall file a pleading outlining its

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position regarding Plaintiff’s request for a continuance no later than Monday, February 25,

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2013. Defendant is advised that failure to file a response as ordered may result in the granting of

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Plaintiff’s request.

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IT IS SO ORDERED.
Dated:
6i0kij

February 20, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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This Order was not docketed until February 19, 2013. (Doc. 47).

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