Gilman v. Fisher, et al

Filing 437

ORDER signed by Judge Lawrence K. Karlton on 8/27/12 ORDERING that 433 the application for an order shortening time is GRANTED. Defendants reply to plaintiffs' 432 Motion for Leave to File the Fifth Amendment Complaint is due no later than 8/28/2012 at 4:30 p.m. Plaintiffs reply, if any, is due no later than 8/31/2012 at 4:30 p.m.. The motion for leave to amend is now SCHEDULED to be heard on 9/4/2012 at 10:00 a.m. on the court's regular Law & Motion Calendar. The cross-motions f or summary judgment, the request to seal, and defendants' motion to decertify (Dkt. Nos. 425, 426 & 428), are REMOVED from the 9/4/2012 Law & Motion Calendar; and are SPECIALLY SET to be heard on 9/14/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Replies to those motions, if any, shall be filed no later than 8/31/2012 at 4:30 p.m. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD M. GILMAN, et al.,
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NO. CIV. S-05-830 LKK/GGH
Plaintiffs,

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v.

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O R D E R
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EDMUND J. BROWN, et al.,

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Defendants.
/

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The parties have filed cross-motions for summary judgment,

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plaintiffs have filed a request to seal documents, and defendants

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have filed a motion to decertify each plaintiff class.

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motions are currently scheduled to be heard on the court’s regular

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Law & Motion Calendar on September 4, 2012.

Those

Plaintiffs have now filed a motion to amend their complaint

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–

deleting

certain

claims

and

removing

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together with an ex parte application to shorten time so that the

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motion to amend can also be heard on September 4th.

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assert that the proposed amendment will simplify the case by

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leaving only their ex post facto claims in the case.
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certain

plaintiffs

–

Plaintiffs

They also

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assert that the amendment will avoid any possible preclusive

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effects against future individual plaintiffs who may wish to

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proceed on the Due Process claims.

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Defendants oppose the application to shorten time, asserting

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that plaintiffs have failed to show good cause for it, and have

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simply failed to meet court-imposed deadlines.

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Good cause appearing, the court orders as follows:

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1.

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The application for an order shortening time (Dkt. No.

433) is GRANTED.

Defendants shall file their opposition, or a

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Statement of Non-Opposition, to plaintiffs’ Motion for Leave to

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File the Fifth Amendment Complaint (Dkt. No. 432), no later than

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Tuesday, August 28, 2012 at 4:30 p.m.

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reply, if any, no later than August 31, 2012 at 4:30 p.m.

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motion for leave to amend is now SCHEDULED to be heard on September

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4, 2012 at 10:00 a.m. on the court’s regular Law & Motion Calendar.

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2.

Plaintiffs shall file their
The

The cross-motions for summary judgment, the request to

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seal, and defendants’ motion to decertify (Dkt. Nos. 425, 426 &

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428), are REMOVED from the September 4, 2012 Law & Motion Calendar.

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Those motions are hereby SPECIALLY SET to be heard on September 14,

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2012 at 10:00 a.m.

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filed no later than August 31, 2012 at 4:30 p.m.

Replies to those motions, if any, shall be

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IT IS SO ORDERED.

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DATED:

August 27, 2012.

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