(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GIGI FAIRCHILD-LITTLEFIELD, 12 Plaintiff, 13 14 vs. R. AMEZCUA, et al., 15 Defendants. 16 17 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 18 19 On September 22, 2022, defendant Amezcua (“Defendant”) filed a motion to dismiss this 20 case. (ECF No. 39.) On November 10, 2022, Plaintiff filed an opposition to the motion. (ECF 21 No. 43.) 22 In the opposition, Plaintiff states that she never received a copy of Defendant’s motion to 23 dismiss and therefore does not know on what grounds the motion to dismiss is based. (Id. at 24 3:20-26.) The Court shall re-serve a copy of the pending motion to dismiss upon Plaintiff. 25 Also, the Court finds good cause at this juncture to open a thirty-day time period for 26 Plaintiff to file a further opposition to Defendant’s pending motion to dismiss, if she so wishes. 27 The Court will not consider multiple oppositions, however, and Plaintiff has two options upon 28 receipt of this order: Plaintiff may either (1) stand on her previously-filed opposition; or (2) 1 1 withdraw it and file an Amended Opposition. The Amended Opposition, if any, must be 2 complete in itself and must not refer back to any of the opposition documents Plaintiff filed on 3 November 10, 2022. L.R. 220.1 4 Accordingly, it is HEREBY ORDERED that: 5 1. 6 7 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; 2. Plaintiff may, within thirty (30) days from the date of service of this order, 8 withdraw her opposition and file an Amended Opposition to Defendant’s motion 9 to dismiss; 10 3. If Plaintiff does not file an Amended Opposition in response to this order, her 11 existing opposition, filed on November 10, 2022, will be considered in resolving 12 Defendant’s motion to dismiss; and 13 4. 14 If Plaintiff elects to file an Amended Opposition, Defendant may file a reply pursuant to Local Rule 230(l). 15 16 17 IT IS SO ORDERED. Dated: November 17, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 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.” 1 26 27 28 2

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