Eichler v. Sherbin, et al

Filing 247

ORDER signed by Magistrate Judge John F. Moulds on 4/29/11 ORDERING that Plaintiff is granted until 5/27/11 to file and serve a further opposition to defendant Lebeck and Sherbins motion for summary judgment, said opposition to be filed by counsel fo r plaintiff; Defendants Lebeck and Sherbins reply brief, if any, shall be filed and served on or before 6/3/11; Defendants Lebeck and Sherbins 238 motion for oral argument is GRANTED; The motion of defendants Lebeck and Sherbin for summary judgment is set for oral argument on this courts regular law and motion calendar on 6/9/11 at 11:00 a.m.; Plaintiffs opposition to defendant Mercy Hospitals motion for summary judgment shall be filed and served on or before 5/20/11; Mercy Hospitals reply brief shall be filed and served on or before 5/27/11; Plaintiffs 241 motion for extension of time is DENIED; and Plaintiffs 242 cross-motion for summary judgment and request for extension of time is DENIED.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DWAYNE EICHLER,

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Plaintiff,

No. 2:04-cv-1108 GEB JFM (PC)

vs.
CDC OFFICER SHERBIN, et al.,
Defendants.

ORDER
/

Plaintiff is a state prisoner proceeding through counsel with a civil rights action
pursuant to 42 U.S.C. §1983. Several matters are pending before the court.
By order filed March 25, 2011, counsel for plaintiff was directed to inform the

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court within thirty days whether he intends to rest on the pro se opposition to defendant Lebeck

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and Sherbin’s motion for summary judgment or whether he intends to file a further opposition to

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said motion. In the same order, all parties to that motion were granted thirty days in which to

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request oral argument on said motion. On April 14, 2011, counsel for defendants Lebeck and

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Sherbin filed a request for oral argument on the motion. On April 22, 2011, counsel for plaintiff

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filed notice of intent to file a further opposition and proposed a deadline of May 27, 2011 for the

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filing of said opposition. Good cause appearing, the court will, by this order, set a final briefing

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schedule for defendant Lebeck and Sherbin’s motion for summary judgment. Defendants’
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motion for oral argument on the motion will be granted and the court will set a date for oral

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argument.

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In the March 25, 2011 order, counsel for plaintiff and counsel for Mercy Hospital

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were directed to confer and submit to the court a proposed briefing schedule for Mercy

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Hospital’s motion for summary judgment, and to indicate therein whether either or both request

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oral argument on said motion. On April 21, 2011, the parties filed a proposed briefing schedule.

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That proposed schedule will be adopted as an order of this court.

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On April 25, 2011, plaintiff filed pro se a motion for extension of time to file an

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opposition to defendant Mercy Hospital’s motion for summary judgment, together with a cross-

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motion for summary judgment and other related documents. Plaintiff is represented by counsel

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and all documents filed in this action on behalf of plaintiff must be filed by his attorney.

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Plaintiff’s pro se motions will be denied.

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In accordance with the foregoing, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted until May 27, 2011 to file and serve a further opposition to

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defendant Lebeck and Sherbin’s motion for summary judgment, said opposition to be filed by

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counsel for plaintiff;

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2. Defendants Lebeck and Sherbin’s reply brief, if any, shall be filed and served
on or before June 3, 2011;

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3. Defendants Lebeck and Sherbin’s April 14, 2011 motion for oral argument is
granted;

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4. The motion of defendants Lebeck and Sherbin for summary judgment is set for
oral argument on this court’s regular law and motion calendar on June 9, 2011 at 11:00 a.m.;

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5. Plaintiff’s opposition to defendant Mercy Hospital’s motion for summary
judgment shall be filed and served on or before May 20, 2011;

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6. Mercy Hospital’s reply brief shall be filed and served on or before May 27,
2011;
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7. Plaintiff’s April 25, 2011 motion for extension of time is denied; and

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8. Plaintiff’s April 25, 2011 cross-motion for summary judgment and request for

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extension of time is denied.

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DATED: April 29, 2011.

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eich1108.brfsch

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