Phillips v. Secretary of Navy

Filing 64

ORDER re 60 Stipulation, signed by District Judge Dale A. Drozd on 4/9/2018. ( 59 Motion to Dismiss Hearing previously set for 4/17/2018, is CONTINUED to 8/7/2018, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. )(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRYL S. PHILLIPS,

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No. 1:16-cv-01944-DAD-SKO

Plaintiff,
v.

ORDER

RICHARD V. SPENCER, Secretary of the
Navy, et al.,

(Doc. No. 60)

Defendants.

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On April 8, 2018, the parties filed a stipulation and proposed order to: (1) continue the

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hearing on defendant’s motion to dismiss, currently scheduled for April 17, 2018, to August 7,

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2018; (2) to set a deadline of May 8, 2018 for plaintiff to file a notice of substitution of counsel,

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or for plaintiff’s counsel to file a motion to withdraw as counsel, which motion shall be noticed

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for hearing on June 5, 2018; (3) to set June 26, 2018 as the deadline for the filing of any

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opposition to defendant’s motion to dismiss; (4) to set July 24, 2018 as the deadline for the filing

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of any reply in support of defendant’s motion to dismiss; and (5) to vacate the scheduling

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conference in this action, currently scheduled for May 3, 2018, pending the court’s resolution of

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defendant’s motion to dismiss. (Doc. No. 60.) The stipulation suggests that plaintiff’s counsel of

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record, M. René Huff, intends to seek leave of court to withdraw from representing plaintiff in

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this matter. (Id. at 2.) The parties have therefore proposed the foregoing schedule to avoid

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potential prejudice to plaintiff and to conserve judicial resources. (Id.)
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Good cause appearing, the court orders as follows:

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1. The hearing on defendant’s motion to dismiss (Doc. No. 59), currently scheduled for

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April 17, 2018, shall be continued to August 7, 2018;

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2. On or before May 8, 2018, plaintiff shall file a Notice of Substitution of Counsel or

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plaintiff’s counsel of record shall file a motion to withdraw pursuant to Local Rule

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182 and shall notice that motion for hearing on June 5, 2018. Absent the filing of a

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Notice of Substitution of Counsel or an order granting leave to withdraw, plaintiff’s

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current counsel of record shall comply with the briefing schedule set out in this order

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with respect to defendant’s motion to dismiss;

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3. Plaintiff’s opposition to defendant’s motion to dismiss, if any, shall be filed on or

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before June 26, 2018;
4. Any reply in support of defendant’s motion to dismiss shall be filed on or before July

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24, 2018.
IT IS SO ORDERED.
Dated:

April 9, 2018
UNITED STATES DISTRICT JUDGE

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