Brodheim v. Dickinson, et. al.

Filing 117

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/16/2013 ORDERING that respondent's 116 request to vacate the briefing schedule or for an extension of time is GRANTED in part and DENIED in part ; respondent shall file an opposition to petitioner's motion for evidentiary hearing by 10/1/2013; petitioner may file a reply by 10/28/2013. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. BRODHEIM,

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Petitioner,

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No. 2:06-cv-2326 LKK GGH P

v.

ORDER

KATHLEEN DICKINSON, et al.,

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Respondents.

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Respondents have filed a request to either vacate the briefing schedule, or in the

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alternative, for an extension of time in which to file an opposition to petitioner’s motion for

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evidentiary hearing.1 Good cause having been shown, respondent’s alternative request will be

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granted.

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Accordingly, IT IS ORDERED that:

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1. Respondent’s request to vacate the briefing schedule or for an extension of time, filed

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August 13, 2013, (ECF No. 116), is granted in part and denied in part.
2. Respondent shall file an opposition to petitioner’s motion for evidentiary hearing by

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October 21, 2013.

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The motion was previously scheduled for hearing on September 19, 2013, but the hearing was
vacated on August 12, 2013, when it was determined that oral argument was unnecessary.
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3. Petitioner may file a reply by October 28, 2013. After the time for filing a reply has

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passed, the matter will be submitted on the papers.2

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Dated: August 16, 2013

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Brod2326.evi

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The court will soon be issuing Findings and Recommendations on the Motion to Dismiss the
Petition. It may be a result of that ruling that any motion for evidentiary hearing will be vacated
in its entirety.
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