Marshawn Govan v. City of Clovis et al

Filing 30

ORDER STRIKING, as untimely, Notice of Motion of Plaintiff Opposition of Defendants Motion TBD, Plaintiff's Statement of [F]acts, Memorandum of Points and Authorities, document 29 . Plaintiff is DIRECTED "to file and serve either (1) an amended complaint; or (2) a statement that he elects to proceed only on the complaint's fifth, eighth, and ninth claims as pled in the complaint," in compliance with the Court's 7/19/2013 Order to Dismiss Claims, document 28 . Order signed by Magistrate Judge Sandra M. Snyder on 7/31/2013. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARSHAWN GOVAN dba MKG TAX
CONSUTANTS,
Plaintiff,

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v.

Case No. 1:13-cv-00547-LJO-SMS
ORDER STRIKING AS UNTIMELY
PLAINTIFF'S BRIEF IN OPPOSITION
TO DEFENDANTS' MOTION TO DISMISS

CITY OF CLOVIS, a municipal entity,
et al.,
(Doc. 29)
Defendants.

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On June 10, 2013, Defendants moved to dismiss the complaint in this matter pursuant to

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F.R.Civ.P. 12(b)(6)(e) and (f). Doc. 15. On June 19, 2013, Plaintiff filed a curious document that

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appeared to be captioned as opposition to the motion but that actually moved for an order

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compelling Defendants to respond to form interrogatories. Doc. 23. (On the same date, Plaintiff

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filed a motion to compel discovery (Doc. 22) and a demand for identification of expert witnesses

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(Doc. 24). On June 24, 2013, the Court struck as untimely, and without prejudice, all three

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motions. Doc. 26.) Plaintiff filed no timely brief in opposition to the motion to dismiss.

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On July 19, 2013, the District Court issued an Order to Dismiss Claims, in which it

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dismissed certain claims as duplicative and dismissed other claims with leave to amend. Doc. 28.

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The Court ordered Plaintiff, "no later than August 9, 2013, to file and serve either (1) an amended

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complaint; or (2) a statement that he elects to proceed only on the complaint's fifth, eighth, and
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ninth claims as pled in the complaint." Doc. 28. On July 29, 2013, Plaintiff filed a document

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entitled "Notice of Motion of Plaintiff Opposition of Defendants Motion TBD, Plaintiff's Statement

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of [F]acts, Memorandum of Points and Authorities" (Doc. 29), apparently intended to oppose

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Defendants' already decided Motion to Dismiss. Because the District Court has already issued its

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Order Dismissing Claims, Plaintiff's opposition to the motion is untimely.

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The Court hereby STRIKES as untimely the Notice of Motion of Plaintiff Opposition of

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Defendants Motion TBD, Plaintiff's Statement of [F]acts, Memorandum of Points and Authority

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(Doc. 29). Plaintiff is DIRECTED "to file and serve either (1) an amended complaint; or (2) a

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statement that he elects to proceed only on the complaint's fifth, eighth, and ninth claims as pled in

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the complaint," in compliance with the Court's July 19, 2013 Order to Dismiss Claims (Doc. 28).

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The Clerk of Court is directed to serve Plaintiff by mail a copy of this order and a copy of the Order

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to Dismiss Claims (Doc. 28).

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IT IS SO ORDERED.

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Dated:

July 31, 2013

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/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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icido34h

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