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)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
RAYMOND BALDHOSKY ,
10
11
12
13
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
14
(ECF Nos. 40 and 53)
15
OPPOSITION DUE WITHIN THIRTY (30)
DAYS
16
17
REPLY
DUE
THEREAFTER
18
SEVEN
(7)
DAYS
19
20
21
22
23
24
25
26
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
27
28
1
1
screening order. (ECF No. 43.) Plaintiff was instructed not to respond to Defendants’
2
motion absent further order of the Court.
3
Defense counsel filed supplemental briefing (ECF No. 47) and appeared at a
4
hearing on October 7, 2016. (ECF No. 52.) Defense counsel was invited to submit
5
supplemental briefing on issues discussed at the hearing, and she was given ten days to
6
do so. (Id.) Her brief was filed October 17, 2016. (ECF No. 53.)
7
Arguments presented at the hearing and in defense counsel’s supplemental brief
8
are sufficient to persuade the Court that the motion to dismiss was not brought in bad
9
faith. Accordingly, sanctions will not be imposed, and the order to show cause is
10
11
12
HEREBY DISCHARGED.
Additionally, the Court sets the following schedule for further briefing on
Defendants’ motion to dismiss:
13
1. Plaintiff may file an opposition within thirty days of the date of this order;
14
2. Defendants may file a reply within seven days of Plaintiff’s opposition; and
15
3. Absent further order of the Court, no surreply is permitted.
16
17
18
IT IS SO ORDERED.
Dated:
October 26, 2016
/s/
19
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?