Bodge v. Trinity County Sheriff's Department et al

Filing 29

ORDER signed by Magistrate Judge Craig M. Kellison on 9/2/11 ORDERING that plaintiff may file further briefing in opposition to the motion to dismiss within 14 days of the date of this order; and defendant may file a reply within 10 days after service of any further briefing by plaintiff, after which time the motion to dismiss will stand submitted. (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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DEBORAH LENORE BODGE,
Plaintiff,

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vs.

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No. CIV S-10-1319-MCE-CMK

ORDER

ROYCE GROSSMAN,
Defendant.

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Plaintiff, who is proceeding pro se, brings this civil action alleging violations of

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her civil rights. Pending before the court is defendant’s motion to dismiss (Doc. 22). A hearing

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was held before the undersigned in Redding, California, on September 1, 2011, at 10:00 a.m.

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Plaintiff appeared pro se. John Robert Whitefleet, Esq., appeared for defendant.
The court is most concerned about the issue of qualified immunity. Because it

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appears that this issue was not fully addressed by plaintiff in her opposition papers, and because

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this is a potentially dispositive issue, the court will provide plaintiff an opportunity to file further

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briefing. Upon submission of further briefing, the case will stand submitted on the papers

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without further oral argument.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff may file further briefing in opposition to the motion to dismiss

within 14 days of the date of this order; and
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Defendant may file a reply within 10 days after service of any further

briefing by plaintiff, after which time the motion to dismiss will stand submitted.

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DATED: September 2, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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