(PC) Fairchild-Littlefield v. Amezcua

Filing 45

ORDER DIRECTING Clerk to Send a Copy of Defendant's 39 Motion to Dismiss to Plaintiff; ORDER PERMITTING Plaintiff Opportunity to Withdraw Opposition and File Amended Opposition, signed by Magistrate Judge Gary S. Austin on 11/17/2022. Thirty Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GIGI FAIRCHILD-LITTLEFIELD,

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Plaintiff,

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vs.
R. AMEZCUA, et al.,

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Defendants.

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1:20-cv-00799-JLT-GSA-PC
ORDER DIRECTING CLERK TO SEND A
COPY OF DEFENDANT’S MOTION TO
DISMISS TO PLAINTIFF
(ECF No. 39.)
ORDER PERMITTING PLAINTIFF
OPPORTUNITY TO WITHDRAW
OPPOSITION AND FILE AMENDED
OPPOSITION
THIRTY-DAY DEADLINE

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On September 22, 2022, defendant Amezcua (“Defendant”) filed a motion to dismiss this

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case. (ECF No. 39.) On November 10, 2022, Plaintiff filed an opposition to the motion. (ECF

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No. 43.)

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In the opposition, Plaintiff states that she never received a copy of Defendant’s motion to

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dismiss and therefore does not know on what grounds the motion to dismiss is based. (Id. at

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3:20-26.) The Court shall re-serve a copy of the pending motion to dismiss upon Plaintiff.

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Also, the Court finds good cause at this juncture to open a thirty-day time period for

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Plaintiff to file a further opposition to Defendant’s pending motion to dismiss, if she so wishes.

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The Court will not consider multiple oppositions, however, and Plaintiff has two options upon

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receipt of this order: Plaintiff may either (1) stand on her previously-filed opposition; or (2)
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withdraw it and file an Amended Opposition. The Amended Opposition, if any, must be

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complete in itself and must not refer back to any of the opposition documents Plaintiff filed on

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November 10, 2022. L.R. 220.1

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Accordingly, it is HEREBY ORDERED that:

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1.

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The Clerk’s Office is directed to re-serve a copy of Defendant’s motion to dismiss
(ECF No. 39), filed on September 22, 2022, upon Plaintiff;

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Plaintiff may, within thirty (30) days from the date of service of this order,

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withdraw her opposition and file an Amended Opposition to Defendant’s motion

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to dismiss;

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3.

If Plaintiff does not file an Amended Opposition in response to this order, her

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existing opposition, filed on November 10, 2022, will be considered in resolving

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Defendant’s motion to dismiss; and

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4.

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If Plaintiff elects to file an Amended Opposition, Defendant may file a reply
pursuant to Local Rule 230(l).

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IT IS SO ORDERED.
Dated:

November 17, 2022

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Local Rule 220 provides, in part: “Unless prior approval to the contrary is obtained from
the Court, every pleading to which an amendment or supplement is permitted as a matter of right or has
been allowed by court order shall be retyped and filed so that it is complete in itself without reference to
the prior or superseded pleading. No pleading shall be deemed amended or supplemented until this Rule
has been complied with. All changed pleadings shall contain copies of all exhibits referred to in the
changed pleading.”
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