Paul Weldon v. Dyer et al

Filing 150

ORDER Clarifying 148 April 21, 2015 Order; Directing Clerk to Enter Judgment; Vacate Pretrial and Trial Dates; and Reinstate Motions to Reconsider Imposition of Sanctions, signed by District Judge Lawrence J. O'Neill on 4/23/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL WELDON,
Plaintiff,

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Case No. 1:13-CV-00540-LJO-SAB

v.
JOHN CONLEE, POLICE OFFICER,
FRESNO POLICE DEPARTMENT;
ECONO TOWING; MARTY KODMAN,
OWNER, ECONO TOWING; ROBERT
KODMAN, OWNER, ECONO TOWING;
AND BERYLE DODSON, EMPLOYEE,
ECONO TOWING,

ORDER CLARIFYING APRIL 21, 2015
ORDER; DIRECTING CLERK TO ENTER
JUDGMENT; VACATE PRETRIAL AND
TRIAL DATES; AND REINSTATE
MOTIONS TO RECONSIDER IMPOSITION
OF SANCTIONS.

Defendants.

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On April 21, 2015, the Court granted Defendants’ motions for summary judgment and

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Denied Plaintiff’s cross-motion (Doc. 148). Based upon the April 21, 2015 Order, the Clerk of

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Court is directed to enter judgment in favor of Defendants and against Plaintiff and to

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VACATE the pretrial conference and trial dates.

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In the April 21, 2015 Order, this Court also agreed with the Magistrate Judge that Plaintiff’s

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conduct warranted sanctions in the amount of $715, Doc. 148 at 7, imposed pursuant to a March 6,

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2015 Order granting Defendant’s motion to compel. See Doc. 103. However, the Court

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inadvertently declared moot Plaintiff’s motion to reconsider the imposition of those sanctions. See

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Doc. 148 at 7. Moreover, on April 22, 2015, Defense counsel informed the court that Plaintiff has

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made at least some efforts to comply with the Magistrate Judge’s prior order, see Doc. 149,
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noncompliance with which was the basis for sanctions. For all these reasons, the Clerk of Court is

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directed to reinstate Plaintiff’s motions to reconsider impositions of sanctions (Docs. 133, 135,

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141, and 143), which will be handled by the Magistrate Judge. See Local Rules 230 & 302.

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This case shall remain open until the matter of sanctions is resolved.

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IT IS SO ORDERED
Dated: April 23, 2015
/s/ Lawrence J. O’Neill
United States District Judge

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