McDowell v. Bishop, et al

Filing 130

ORDER signed by Magistrate Judge Gregory G. Hollows on 04/18/11 ordering plaintiff's 03/07/11 motion to supplement the record in opposition to defendant Ginder's motion for summary judgment 125 is denied. Defendant Ginder's 03/11/11 motion to strike plaintiff's 03/07/11 motion 126 is denied as moot. Plaintiff's pretrial statement shall be filed within 30 days. Defendants shall file their pretrial statement within 21 days of service of plaintiff's. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

DANNY MCDOWELL,

11

Plaintiff,

12
13
14

vs.
J. L. BISHOP, et al.,
Defendants.

15
16

No. CIV S-06-2145 MCE GGH (TEMP) P

ORDER
/

On March 7, 2011, plaintiff filed a document titled “motion to supplement the

17

record in opposition to defendant Ginder[’s] motion for summary judgment.” Because defendant

18

Ginder’s motion for summary judgment has already been decided by the district court judge

19

assigned to the case, any request to supplement the record with respect to that motion is moot.

20

Therefore, plaintiff’s motion will be denied as will defendant Ginder’s request that plaintiff’s

21

motion be stricken.

22
23

It appears it is appropriate for this matter to now proceed to trial. Therefore, the
court will order the parties to submit pretrial statements.

24

Accordingly, IT IS HEREBY ORDERED that:

25

1. Plaintiff’s March 7, 2011 “motion to supplement the record in opposition to

26

defendant Ginder[’s] motion for summary judgment” is denied.
1

1
2

2. Defendant Ginder’s March 11, 2011 motion to strike plaintiff’s March 7, 2011
motion is denied as moot.

3

3. Plaintiff’s pretrial statement shall be filed within thirty days. Plaintiff is

4

advised that his pretrial statement shall only concern the claims and defendants which are still

5

before the court. Plaintiff’s failure to comply with this order may result in sanctions including

6

dismissal of this action.

7

4. Defendants shall file their pretrial statement within twenty-one days of service

8

of plaintiff’s.

9

DATED: April 18, 2011

10
/s/ Gregory G. Hollows
___________________________________
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

11
12
13

kc
mcdo2145.sup

14
15
16
17
18
19
20
21
22
23
24
25
26
2