Thompson et al v. City of Redding et al

Filing 45

ORDER signed by Judge William B. Shubb on 9/29/11 ORDERING the hearing on the 39 defendant's motion for summary judgment set for 10/11/11 at 2:00 pm is VACATED. The clerk is directed to mail 39 Motion for Summary Judgment and this order to plaintiff's attorney, Mr. Scheibli via USPS Certified Mail with return receipt. Once the court receives notice of receipt by Mr. Scheibli, a new hearing date and briefing schedule will be set on the 39 Motion for Summary Judgment. (Donati, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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E.J. THOMPSON, VALERY
THOMPSON, MIDSTATE PROPERTIES,
VIOLET MANOR, and CEDARS ROAD,
LCC,

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NO. CIV. 2:09-01609 WBS CMK
Plaintiffs,

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v.

ORDER

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CITY OF REDDING, DEBORAH WRIGHT,
WILLIAM NAGEL, and DOES 1
through 10,

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Defendants.
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On August 19, 2011, defendants filed a motion for

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summary judgment, which was set for hearing on September 26,

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2011.

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statement of non-opposition, defendants’ counsel contacted

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plaintiffs’ counsel and were informed that plaintiffs’ counsel,

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Michael Alan Scheibli, had not received service of the motion.

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The court then regenerated electronic service through the court’s

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Case Management/Electronic Case Files (“CM/ECF”) program and

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reset the hearing on the motion for October 11, 2011.

When plaintiffs failed to file a timely opposition or

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When the deadline for plaintiffs’ opposition or

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statement of non-opposition to the motion for summary judgment

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again passed, the court contacted plaintiffs’ counsel.

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plaintiffs’ counsel advised that he had not received service of

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the motion for summary judgment.

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that the motion for summary judgment was successfully delivered

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to Mr. Scheibli’s email server on September 1, 2011, at eighteen

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seconds past 5:40 p.m.

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receive it demonstrates that the court’s electronic service

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Again,

The court’s records indicate

The fact that plaintiff’s counsel did not

procedures are seriously flawed.
Therefore, the only measure the court can take to

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ensure that Mr. Scheibli receives service of the motion is to

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serve him with physical copies of the motion.

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clerk of the court is instructed to make hard copies of the

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motion for summary judgment and supporting documents (Docket No.

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39) and have them sent by certified United States mail, return

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receipt requested, to Mr. Scheibli at 1416 West Street, Redding,

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California, 96001.

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Accordingly, the

The hearing on defendants’ motion for summary judgment

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set for October 11, 2011, at 2:00 p.m. is VACATED.

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court receives notice from the Postal Service of receipt by Mr.

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Scheibli, a new hearing date and briefing schedule will be set on

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the motion for summary judgment

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IT IS SO ORDERED.
DATED: September 29, 2011

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Once the