Martinez v. County of Tulare et al

Filing 32

ORDER GRANTING 31 EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR MOTION TO STAY DISCOVERY PENDING COURTS RULING ON MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION OR IN THE ALTERNATIVE TO CHANGE VENUE. Defendant Count y of San Diego shall file its motion to stay discovery within two (2) days of the date of this Order. Plaintiff Maria Eva Martinez's opposition to Defendant County of San Diego's motion to stay discovery is due to be filed and se rved by February 22, 2017. Defendant County of San Diego's reply is waived. The hearing on Defendant County of San Diego's motion to stay discovery is set for March 1, 2017, at 9:30 a.m. in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 2/8/2017. (Thorp, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIA EVA MARTINEZ,

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ORDER GRANTING EX PARTE
APPLICATION FOR AN ORDER
SHORTENING TIME TO HEAR
MOTION TO STAY DISCOVERY
PENDING COURT’S RULING ON
MOTION TO DISMISS FOR LACK OF
SUBJECT MATTER JURISDICTION
OR IN THE ALTERNATIVE TO
CHANGE VENUE

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(Doc. 31)

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Plaintiff,

No. 1:16-CV-01140-DAD-SKO

v.
COUNTY OF TULARE, ET AL,
Defendant.

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The Court is in receipt of Defendant County of San Diego’s ex parte

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application for an order shortening time to hear a motion to stay discovery pending

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the Court’s ruling on its motion to dismiss for lack of subject matter jurisdiction, or

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in the alternative, to change venue. (Doc. 31.) Pursuant to Local Rule 144(e), the

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Court finds that Defendant has shown good cause for such an order shortening time

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because it would permit the Court to hear and rule on the anticipated motion to stay

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discovery prior to the hearing on Defendant’s pending motion to dismiss, which is

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currently set to be heard on March 7, 2017.

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Accordingly, Defendant County of San Diego’s ex parte application for an

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order shortening time to hear a motion to stay discovery pending the Court’s ruling

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on its motion to dismiss for lack of subject matter jurisdiction, or in the alternative,

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to change venue (Doc. 31), is hereby GRANTED.

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It is hereby ORDERED that:

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1.

Defendant County of San Diego shall file its motion to stay discovery
within two (2) days of the date of this Order;

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2.

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Plaintiff Maria Eva Martinez’s opposition to Defendant County of San

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Diego’s motion to stay discovery is due to be filed and served by

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February 22, 2017;

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3.

Defendant County of San Diego’s reply is waived; and

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4.

The hearing on Defendant County of San Diego’s motion to stay

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discovery is set for March 1, 2017, at 9:30 a.m. in Courtroom 7

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(SKO) before Magistrate Judge Sheila K. Oberto.

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IT IS SO ORDERED.
Dated:

February 8, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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