Edwards et al v. Department of State Hospitals (DSH)- Coalinga et al

Filing 40

Order setting briefing schedule for 38 Motion to Strike, signed by District Judge Anthony W. Ishii on 04/29/2013. (Plaintiff's Opposition to the Motion to Strike due by 5/13/2013; Defendant's Replies due by 5/20/2013) (Figueroa, O)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY L. EDWARDS, ALAN M.
HILDRETH,

ORDER SETTING BRIEFING
Plaintiff, SCHEDULE FOR MOTION TO STRIKE

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Case No. 1:13-cv-00105-AWI-MJS

v.

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DEPARTMENT OF STATE HOSPITAL
(DSH) - COALINGA FORMALLY
DEPARTMENT OF MENTAL HEALTH
(DMH) - COALINGA, PAMELA AHLIN,
DAVID MONTOYA, ANDREW BERARD,
ROBERT OLIVEIRA,
Defendants.

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Plaintiffs have filed a motion for summary judgment. However, Defendants’ motion to

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dismiss is currently under submission and pending before the court. Defendants request that the
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court strike the motion for summary judgment as premature and ask that the court shorten time
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for briefing regarding the motion to strike.
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Plaintiffs shall file any opposition to the motion to strike by May 13, 2013, and Defendants
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shall file any reply by May 20, 2013. The court will then take the motion to strike under
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submission and issue an order regarding the motion to strike. In the event the motion to strike is
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[Proposed] Order (1:13-cv-00105-AWI-MJS)

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denied, the court will then set a deadline for Defendants to file any opposition to the motion for

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summary judgment. Defendants are relieved from any obligation to file an opposition to the

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motion for summary judgment at this time. The court will not rule on the motion for summary

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judgment until the motion to dismiss is resolved, the motion to strike is resolved, and Defendants

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are given an opportunity to oppose the motion for summary judgment.

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Defendants’ application for an order shortening time is denied as moot.

In light of this order,

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IT IS SO ORDERED.
Dated: April 29, 2013
SENIOR DISTRICT JUDGE

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DEAC_Signature-END:

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0m8i788

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[Proposed] Order (1:13-cv-00105-AWI-MJS)