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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 JEFF SILVESTER, et al., 9 10 11 12 13 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 14 15 Currently set for hearing on October 28, 2013, is Defendant’s motion for summary 16 judgment. The Court has reviewed the submissions of the parties. Based on the briefing 17 submitted, it does not appear at this time that oral argument is necessary to resolve Defendant’s 18 motion. See Local Rule 230(g). 19 Nevertheless, there are two minor issues that need to be addressed. First, Plaintiffs have 20 submitted exhibits in opposition to the summary judgment motion. See Doc. No. 34. However, 21 those exhibits are illegible. Plaintiffs will be ordered to refile Doc. No. 34 and provide courtesy 22 copies to the Court. Second, Defendant has submitted objections to Plaintiffs’ additional 23 undisputed material facts. See Doc. Nos. 32, 37-1. Plaintiffs will be provided the opportunity to 24 respond to Defendant’s objections. Once Plaintiffs have resubmitted their exhibits in a legible 25 form and have responded to the objections, the Court will reevaluate whether a hearing on 26 Defendant’s motion is necessary. If the Court determines that a hearing is necessary on any issue, 27 the Court will inform the parties and set a new hearing date via a separate order. 28 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 The October 28, 2013 hearing date on Defendant’s motion for summary judgment is VACATED; 4 2. As soon as possible, but no later than November 1, 2013, Plaintiff shall refile its 5 opposition exhibits (Doc. No. 34) and shall submit a courtesy copy of the exhibits 6 in a legible form to the Court; and 7 3. As soon as possible, but no later than November 1, 2013, Plaintiffs may file a 8 response to Defendant’s objections to Plaintiffs’ additional undisputed facts (Doc. 9 Nos. 33, 37-1). 10 11 12 13 IT IS SO ORDERED. Dated: October 23, 2013 SENIOR DISTRICT JUDGE DEAC_Signature-END: 14 15 0m8i788 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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