Hansford v. Solano County Department of Health and Human Services

Filing 71

ORDER signed by Magistrate Judge Kendall J. Newman on 07/18/11 ORDERING that plf's 65 Opposition, construed as an application for reconsideration, is DENIED. (Benson, 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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NATHAN HANSFORD,

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Plaintiff,

No. 2:08-cv-02232 MCE KJN

v.

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SOLANO COUNTY DEPARTMENT OF
HEALTH AND HUMAN SERVICES and
DOES ONE THROUGH FIFTY, inclusive,

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Defendants.

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ORDER
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In an order signed on July 15, 2011, and docketed on July 18, 2011, the

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undersigned partially granted defendant’s ex parte request for an extension of time relative to the

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undersigned’s previously entered discovery order. (See Order, July 18, 2011, Dkt. No. 67; see

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also Order, June 17, 2011, Dkt. No. 60.) The order addressing defendant’s ex parte request was

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executed and transmitted for docketing before plaintiff filed an opposition to defendant’s request;

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plaintiff filed a written opposition late on Friday, July 15, 2011 (Dkt. No. 65).

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The court has considered plaintiff’s written opposition to defendant’s ex parte

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request, construing it as a motion for reconsideration by the undersigned. Notwithstanding

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plaintiff’s written opposition and understandable frustration regarding the delays caused in this

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case by defendant, the undersigned’s July 15, 2011 order stands. As noted in that prior order, the
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undersigned was able to rule on defendant’s request absent plaintiff’s written opposition,

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especially in light of the representations made by defendant and its counsel under penalty of

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perjury. Plaintiff’s written opposition does not persuade the undersigned to alter the July 15,

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2011 order.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s written opposition to defendant’s ex parte application for relief

(Dkt. No. 65) is construed as an application for reconsideration.

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2.

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IT IS SO ORDERED.

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Plaintiff’s application for reconsideration by the undersigned is denied.

DATED: July 18, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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