Carroll v. City of Modesto

Filing 22

ORDER SETTING DEADLINE FOR PLAINTIFF TO FILE A NOTICE OF DISMISSAL, signed by District Judge Anthony W. Ishii on 3/22/2017. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE NO. 1:15-CV-01691 AWI SKO
STEPHEN A. CARROLL ,

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Plaintiff,

ORDER SETTING DEADLINE FOR
PLAINTIFF TO FILE A NOTICE OF
DISMISSAL

v.

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CITY OF MODESTO, and DOES 1 to 5,

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Defendants.
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On November 25, 2015, Defendant City of Modesto (“Modesto”) filed a motion to dismiss

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Plaintiff Stephen Carroll’s (“Carroll”) complaint for failure to state a claim upon which relief can

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be granted under Federal Rule of Civil Procedure 12(B)(6). The parties thereafter stipulated to a

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stay on litigation pending Plaintiff’s criminal trial.

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On February 21, 2017 Order Lifting Stay and Setting Briefing Schedule, Carroll was

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required to file an opposition to Modesto’s motion by March 10, 2017. As noted by Modesto’s

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March 17, 2017 Reply to Plaintiff’s Non-Opposition, Carroll failed to file any opposition to

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Modesto’s motion. Modesto’s motion to dismiss is currently pending. On March 17, 2017,

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Carroll emailed the Court in an ex parte communication, and asked the Court to dismiss this case

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on or after March 27, 2017.

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The Court will not dismiss a case based on a party’s request stated in an ex parte email.

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The Court will grant Carroll until March 31, 2017 to file a formal dismissal of his case with the

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Court. If the Court does not receive a filed dismissal from Carroll on or before March 31, 2017,

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the Court will thereafter issue a ruling on Modesto’s motion to dismiss.

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ORDER

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Accordingly, IT IS HEREBY ORDERED that: Carroll has until March 31, 2017 at 1:00
p.m. to file a formal dismissal of his case with the Court.1

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IT IS SO ORDERED.
Dated: March 22, 2017
SENIOR DISTRICT JUDGE

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Carroll’s filing must be received no later than March 31, 2017 at 1:00 p.m. by the clerk’s office; the mailbox rule
does not apply here.

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