Silvester, et al. v. Harris, et al.

Filing 38

ORDER Vacating October 28, 2013 Hearing signed by District Judge Anthony W. Ishii on 10/23/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFF SILVESTER, et al.,

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CASE NO. 1:11-CV-2137 AWI SAB

Plaintiffs
ORDER VACATING OCTOBER 28, 2013
HEARING

v.
KAMALA HARRIS, Attorney General of
California, and DOES 1 to 20,
Defendants

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Currently set for hearing on October 28, 2013, is Defendant’s motion for summary

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judgment. The Court has reviewed the submissions of the parties. Based on the briefing

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submitted, it does not appear at this time that oral argument is necessary to resolve Defendant’s

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motion. See Local Rule 230(g).

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Nevertheless, there are two minor issues that need to be addressed. First, Plaintiffs have

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submitted exhibits in opposition to the summary judgment motion. See Doc. No. 34. However,

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those exhibits are illegible. Plaintiffs will be ordered to refile Doc. No. 34 and provide courtesy

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copies to the Court. Second, Defendant has submitted objections to Plaintiffs’ additional

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undisputed material facts. See Doc. Nos. 32, 37-1. Plaintiffs will be provided the opportunity to

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respond to Defendant’s objections. Once Plaintiffs have resubmitted their exhibits in a legible

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form and have responded to the objections, the Court will reevaluate whether a hearing on

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Defendant’s motion is necessary. If the Court determines that a hearing is necessary on any issue,

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the Court will inform the parties and set a new hearing date via a separate order.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The October 28, 2013 hearing date on Defendant’s motion for summary judgment
is VACATED;

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2.

As soon as possible, but no later than November 1, 2013, Plaintiff shall refile its

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opposition exhibits (Doc. No. 34) and shall submit a courtesy copy of the exhibits

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in a legible form to the Court; and

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3.

As soon as possible, but no later than November 1, 2013, Plaintiffs may file a

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response to Defendant’s objections to Plaintiffs’ additional undisputed facts (Doc.

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Nos. 33, 37-1).

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IT IS SO ORDERED.
Dated: October 23, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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0m8i788

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