Eli Lilly and Company v. Gitmed et al

Filing 38

ORDER to SHOW CAUSE Requiring Confirmation of Address; ORDER Directing Clerk of Court to Serve this Order on Defendant, signed by District Judge Dale A. Drozd on 11/1/16. 14-Day Deadline. (Verduzco, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ELI LILLY AND COMPANY,

12
13
14
15

No. 1:16-cv-00178-DAD-SAB

Plaintiff,
v.

ORDER TO SHOW CAUSE REQUIRING
CONFIRMATION OF ADDRESS

JOHN DEREK GITMED,
Defendants.

ORDER DIRECTING CLERK OF COURT TO
SERVE THIS ORDER ON DEFENDANT

16
17
18
19
20

On September 26, 2016, defendant John Derek Gitmed filed a “motion of response” to the

21

plaintiff Eli Lilly and Company’s complaint. (Doc. Nos. 35.) The court issued a minute order on

22

October 11, 2016, noting that defendant’s filing would be construed as a motion to dismiss

23

plaintiff’s complaint, and setting the motion for hearing on November 15, 2016. (Doc. No. 36.)

24

That order was sent by mail to defendant Gitmed, but was returned to the court by the U.S. Postal

25

Service as undeliverable.

26
27

Defendant Gitmed is hereby ordered to confirm that the address listed below reflects his
current mailing address:

28
1

1

John Derek Gitmed, R.N. 71860-097

2

MDC Los Angeles

3

Metropolitan Detention Center

4

P.O. BOX 1500

5

Los Angeles, CA 90053

6

Defendant Gitmed is directed to respond to this court in writing confirming his current address

7

within fourteen (14) days of service of this order. Defendant is also forewarned that it is his

8

responsibility as a pro per litigant to keep the court informed of his current address of record

9

should it change.

10

In addition:

11

1. The Clerk of Court is directed to serve this order as well as the opposition to

12

defendant’s motion to dismiss filed by plaintiff on October 28, 2016 (Doc. No. 37)

13

upon defendant John Gitmed at the address listed above.

14

2. The November 15, 2016, hearing on defendant’s motion to dismiss is vacated;

15

3. defendant John Gitmed shall file any reply to plaintiff’s opposition to his motion to

16
17

dismiss within fourteen (14) days of service of this order; and
4. Plaintiff’s motion to dismiss will be submitted for decision at the close of that fourteen

18

period without oral argument in light of defendant’s incarceration unless oral

19

argument is requested by plaintiff.

20
21

IT IS SO ORDERED.
Dated:

November 1, 2016
UNITED STATES DISTRICT JUDGE

22
23
24
25
26
27
28
2