Carr v. California Department of Corrections & Rehabilitation et al

Filing 141

ORDER granting 140 Motion for Reconsideration signed by Magistrate Judge Kendall J. Newman on 8/8/11: On or before August 29, 2011, plaintiff shall file his opposition to defendants' motions to strike; defendants' reply, if any, shall be filed seven days thereafter. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARTHUR CARR,

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Plaintiff,

No. 2:09-cv-0826 GEB KJN P

Defendants.

ORDER

vs.
H. HER, et al.,

/
On August 5, 2011, plaintiff filed a motion for reconsideration of this court’s July

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26, 2011 order denying plaintiff’s motions for extensions of time to file a surreply. Plaintiff

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argues that he mistakenly believed that a surreply was an appropriate response to defendants’

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June 6, 2011 motion to strike. Plaintiff asks the court to grant plaintiff leave to file a proper

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opposition to defendants’ motion to strike.

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Review of defendants’ June 6, 2011 reply reflects that defendants included

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motions to strike plaintiff’s evidence to which defendants raised an objection (dkt. no. 121-1-2.)

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Thus, plaintiff is granted an opportunity to oppose defendants’ motions to strike. Fed. R. Civ. P.

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60(b). Plaintiff is cautioned that his filing is limited to the evidence to which defendants raised

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an objection. No additional filings in connection with the motion for summary judgment are

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permitted. The court is not inclined to grant additional extensions of time.
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IT IS HEREBY ORDERED that:

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1. Plaintiff’s August 5, 2011 motion (dkt. no. 140) is granted;

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2. On or before August 29, 2011, plaintiff shall file his opposition to defendants’

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motions to strike; defendants’ reply, if any, shall be filed seven days thereafter.

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DATED: August 8, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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carr0826.rec

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