Scruggs v. Vance et al

Filing 145

ORDER signed by Magistrate Judge Kendall J. Newman on 11/14/11 ordering the court finds that plaintiff's motion to compel 144 was timely filed to provide notice of the 12/01/11 hearing. However, the court holds law and motion calendars at 10:00 a.m. Accordingly, plaintiff's motion to compel 144 shall be heard at 10:00 a.m. on 12/01/11 before the undersigned. The parties shall timely comply with Local Rule 251. (Plummer, 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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ARTAY SCRUGGS,

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Plaintiff,

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vs.

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No. 2:06-cv-0633 KJM KJN P

S. VANCE, et al.,

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Defendants.

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ORDER
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On November 11, 2011, at 7:46 a.m., plaintiff filed a motion to compel and for

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sanctions, noticed for hearing before the undersigned on December 1, 2011, at 9:00 a.m. The

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certificate of service confirms that defendants were served by mail on November 10, 2011.

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The court’s CM/ECF website confirms that CM/ECF was unavailable from

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Thursday, November 10, 2011, from 5:00 p.m., until 5:00 a.m., on November 11, 2011. Local

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Rule 134(c) provides:

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Technical Failures. The Clerk shall deem the CM/ECF site to be
subject to a technical failure on a given day if the site is unable to
accept filings continuously or intermittently over the course of any
period of time greater than two hours after 2:00 p.m. on a given
day. Known systems outages will be posted on the website, if
possible. . . .

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(1) Untimely Filings Due to CM/ECF Failure. A
party may file on the next business day following
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the technical failure that is announced on the
Court’s website.
L.R. 134(c)(1).

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Good cause appearing, the court finds that plaintiff’s motion to compel was timely

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filed to provide notice of the December 1, 2011 hearing. However, the court holds law and

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motion calendars at 10:00 a.m. Accordingly, plaintiff’s motion to compel shall be heard at 10:00

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a.m., on December 1, 2011, before the undersigned. The parties shall timely comply with Local

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Rule 251.

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DATED: November 14, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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scru0633.ecf

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