Garbarini v. Ulit et al

Filing 81

ORDER Directing Defendants to File an Opposition or Statement of Non-Opposition to Plaintiff's Motion to Compel within Twenty Days from the Date of Service of this Order, signed by Magistrate Judge Stanley A. Boone on 7/20/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RALPH GARBARINI,

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Plaintiff,

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v.
WAYNE ULIT, et al.,

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Defendants.

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Case No.: 1:14-cv-01058-AWI-SAB (PC)
ORDER DIRECTING DEFENDANTS TO FILE AN
OPPOSITION OR STATEMENT OF NONOPPOSITION TO PLAINTIFF’S MOTION TO
COMPEL WITHIN TWENTY DAYS FROM THE
DATE OF SERVICE OF THIS ORDER
[ECF No. 78]

Plaintiff Ralph Garbarini is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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On June 13, 2016, Plaintiff filed a motion to compel discovery. (ECF No. 78.) Pursuant to

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Local Rule 230(l), Defendants have not filed an opposition to statement of non-opposition. In this

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instance, the Court will extend a one-time courtesy and provide Defendants with additional time to file

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such opposition or statement of non-opposition, because the Court cannot resolve Plaintiff’s motion

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without input from Defendants, specifically on whether the discovery request was made on

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Defendants’ counsel prior to the motion being filed. However, Defendants are cautioned that failure

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to comply with Local Rule 230(l) may be deemed a waiver of opposition to any motion filed and may

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result in a granting of a movant’s motion, and Local Rule 230(l) will be enforced in the future.

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Accordingly, within twenty (20) days from the date of service of this order, Defendants shall

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file an opposition or statement of non-opposition to Plaintiff’s pending motion to compel.

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IT IS SO ORDERED.

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Dated:

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July 20, 2016
UNITED STATES MAGISTRATE JUDGE

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