James White v. Pazin et al

Filing 67

ORDER Requiring Defendant to File Opposition or Statement of Non-Opposition to Plaintiff's Motion for Leave to Amend and Motion to Modify Scheduling Order 65 and 66 ;ORDER VACATING October 27, 2017, Hearing Date,signed by Magistrate Judge Barbara A. McAuliffe on 10/02/2017. (Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JAMES E. WHITE,

12
13
14
15
16
17
18
19
20

Plaintiff,
v.
COUNTY OF MERCED,
Defendant.

Case No. 1:12-cv-00917-BAM (PC)
ORDER REQUIRING DEFENDANT TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO PLAINTIFF’S MOTION
FOR LEAVE TO AMEND AND MOTION TO
MODIFY SCHEDULING ORDER
(ECF Nos. 65, 66)
ORDER VACATING OCTOBER 27, 2017,
HEARING DATE

Plaintiff James E. White (“Plaintiff”) is a state prisoner proceeding in forma pauperis with
retained counsel in this civil rights action pursuant to 42 U.S.C. § 1983.
On September 12, 2017, the Court held an informal telephonic conference off the record

21

to discuss issues related to the filing of the second amended complaint. (ECF No. 64.) The same

22

day, Plaintiff filed a notice to withdraw the second amended complaint. (ECF No. 62.)

23

On September 13, 2017, Plaintiff filed a motion to amend the complaint and a motion to

24

modify the scheduling order with respect to the untimely motion to amend. (ECF Nos. 65, 66.)

25

Plaintiff set the motions for hearing before the undersigned on October 27, 2017, at 9:00 a.m.

26

The parties are advised that it is the Court’s general practice to apply Local Rule 230(l)

27

and certain other local rules concerning actions in which one party is incarcerated and proceeding

28

in propia persona, to actions in which the plaintiff is represented by counsel.
1

1

Accordingly, IT IS HEREBY ORDERED as follows:

2

1. Defendant County of Merced’s oppositions or statements of non-opposition to

3

Plaintiff’s pending motions are due not more than twenty-one (21) days after the date

4

of service of the motions;

5

2. Plaintiff’s replies, if any, are due not more than seven (7) days following the filing of
Defendant’s responses; and

6
7

3. The hearing set for October 27, 2017, is VACATED.

8
9
10

IT IS SO ORDERED.
Dated:

/s/ Barbara

October 2, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2