Leubner v. County of San Joaquin et al

Filing 237

ORDER signed by Judge Garland E. Burrell, Jr., on 9/4/12 ORDERING that Plaintiff's 231 motion for extension of time is GRANTED. Plaintiff's 236 motion to set aside judgment is GRANTED. The Clerk is directed to vacate the judgment entered on 8/14/2012 and reopen this case. Plaintiff shall file a supplemental opposition to the 7/23/2012 findings and recommendations within 21 days from the date of this order. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILOS LEUBNER,

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Plaintiff,

No. 2:08-cv-0853 GEB JFM (PS)

vs.
COUNTY OF SAN JOAQUIN, et al.,
Defendants.

ORDER
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On July 23, 2012, the magistrate judge issued findings and recommendations
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recommending that the defendants’ motions for summary judgment be granted. Plaintiff was
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granted fourteen days by which to file an opposition to the findings and recommendations.
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Plaintiff did not file an opposition within that time period. Therefore, judgment was entered on
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August 14, 2012 after the undersigned adopted the findings and recommendations in full.
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On August 13, 2012, plaintiff filed an opposition to the findings and
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recommendations, as well as a motion for extension of time to file to file a supplemental
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opposition. On August 27, 2012, plaintiff filed a motion to set aside judgment.
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On review of both motions and good cause appearing therefor, IT IS HEREBY
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ORDERED that:
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1. Plaintiff’s August 13, 2012 motion for extension of time is granted;
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2. Plaintiff’s August 27, 2012 motion to set aside judgment is granted;

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3. The Clerk of the Court is directed to vacate the judgment entered on August

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14, 2012 and reopen this case; and
4. Plaintiff shall file a supplemental opposition to the July 23, 2012 findings and
recommendations within twenty-one days from the date of this order.
Dated: September 4, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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