Galik v. Namgalama et al

Filing 48

ORDER signed by Magistrate Judge Kendall J. Newman on 09/20/11 ordering that the 09/16/11 order directing defendants to re-serve plaintiff with the motion to dismiss/motion for summary judgment is vacated. (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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KEVIN GALIK,
Plaintiff,

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vs.

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No. 2: 09-cv-0152 KJN P

A. NANGALAMA, et al.,
Defendants.

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ORDER
/

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On June 1, 2011, defendants Nangalama and Duc filed motion to dismiss and/or

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in the alternative motion for summary judgment. On September 9, 2011, plaintiff filed a

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pleading stating that he could not oppose defendants’ motion because his copy of the motion had

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been destroyed. Accordingly, on September 16, 2011, defendants were ordered to re-serve

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plaintiff with their motion within seven days.
On September 15, 2011, plaintiff filed an opposition to defendants’ motion.

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Plaintiff does not explain his earlier representation that his copy of the motion was destroyed. In

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any event, because plaintiff has now filed his opposition, the order directing defendants to re-

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serve plaintiff with their motion is vacated.

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Accordingly, IT IS HEREBY ORDERED that the September 16, 2011 order

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directing defendants to re-serve plaintiff with the motion to dismiss/motion for summary

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judgment is vacated.

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DATED: September 20, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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gal152.vac

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