Baldhosky v. Hubbard et al

Filing 54

ORDER DISCHARGING Order to Show Cause; ORDER SETTING Briefing Schedule on Defendants' Motion to Dismiss; Opposition Due Within Thirty Days; Reply Due Seven Days Thereafter, signed by Magistrate Judge Michael J. Seng on 10/26/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAYMOND BALDHOSKY ,

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Plaintiff,

CASE NO. 1:12-cv-01200-MJS (PC)
ORDER DISCHARGING
SHOW CAUSE

ORDER

TO

v.
(ECF No. 43)
SUSAN HUBBARD, et al.,
Defendants.

ORDER SETTING BRIEFING SCHEDULE
ON DEFENDANTS’ MOTION TO DISMISS

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(ECF Nos. 40 and 53)

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OPPOSITION DUE WITHIN THIRTY (30)
DAYS

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REPLY
DUE
THEREAFTER

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SEVEN

(7)

DAYS

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Plaintiff is a former state prisoner proceeding pro se in this civil rights action
brought pursuant to 42 U.S.C. § 1983.
On August 29, 2016, Defendants Gonzalez, Metts, and Kaylor filed a motion to
dismiss. (ECF No. 40.) On August 30, 2016, the Court ordered defense counsel to file
further briefing and appear at a hearing to show cause why sanctions should not be
imposed for filing a motion that identified no grounds for reconsideration of the Court’s

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screening order. (ECF No. 43.) Plaintiff was instructed not to respond to Defendants’

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motion absent further order of the Court.

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Defense counsel filed supplemental briefing (ECF No. 47) and appeared at a

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hearing on October 7, 2016. (ECF No. 52.) Defense counsel was invited to submit

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supplemental briefing on issues discussed at the hearing, and she was given ten days to

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do so. (Id.) Her brief was filed October 17, 2016. (ECF No. 53.)

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Arguments presented at the hearing and in defense counsel’s supplemental brief

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are sufficient to persuade the Court that the motion to dismiss was not brought in bad

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faith. Accordingly, sanctions will not be imposed, and the order to show cause is

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HEREBY DISCHARGED.
Additionally, the Court sets the following schedule for further briefing on
Defendants’ motion to dismiss:

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1. Plaintiff may file an opposition within thirty days of the date of this order;

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2. Defendants may file a reply within seven days of Plaintiff’s opposition; and

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3. Absent further order of the Court, no surreply is permitted.

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IT IS SO ORDERED.
Dated:

October 26, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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