Leonard Brown v. U.S. Department of Justice Drug Enforcement Administration

Filing 26

ORDER VACATING From the Court's Calendar Plaintiff's Motions to Compel 15 and 18 , and Continuing the Motions to be Considered with the Parties' Cross Motions for Summary Judgment. Order signed by Magistrate Judge Sheila K. Oberto on 3/5/2015. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEONARD BROWN,
Plaintiff,

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v.
U.S. DEPARTMENT OF JUSTICE,
Defendant.

Case No. 1:13-cv-01122-LJO-SKO
ORDER VACATING FROM THE
COURT'S CALENDAR PLAINTIFF'S
MOTIONS TO COMPEL AND
CONTINUING THE MOTIONS TO BE
CONSIDERED WITH THE PARTIES'
CROSS MOTIONS FOR SUMMARY
JUDGMENT
(Docs. 15, 18)

_____________________________________/

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On August 6 and 25, 2014, Plaintiff filed a motion to compel discovery and a motion to

21 compel production of a Vaughn Index. (Docs. 15, 18.) Because the motions to compel relate to
22 the substantive issues in the case regarding disclosure of documents under the Freedom of
23 Information Act ("FOIA"), Defendant sought an extension of time to respond to the motions to
24 compel in the form of a summary judgment motion. The request was granted and Defendant filed
25 a motion for summary judgment on September 8, 2014. (Doc. 19.) Thereafter, Plaintiff filed a
26 cross-motion for summary judgment. As the motions to compel discovery and to produce a
27 Vaughn Index are directly related to the substantive issue of production of documents under the
28 FOIA, they must be continued and consolidated with the parties' pending motions for summary

1 judgment.
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Therefore, in light of 28 U.S.C. § 476(a)(1), the Civil Justice Reform Act, Plaintiffs’

3 motions for summary judgment are DEEMED VACATED from the Court’s calendar and will be
4 considered in conjunction with the parties' motions for summary judgment.
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6 IT IS SO ORDERED.
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Dated:

March 5, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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