Balthrope v. Sacramento County Department of Health and Human Services et al

Filing 111

ORDER signed by Magistrate Judge John F. Moulds on 11/27/2012. Defendants shall have until 12/5/2012 in which to file Reply to plaintiff's Opposition to defendants' 106 Motion for Summary Judgment. Hearing on Motion set for 11/29/2012 is VACATED and deemed SUBMITTED upon record. (Marciel, 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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ARIEL BALTHROPE,

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Plaintiff,

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No. 2: 10-cv-3003 KJM JFM (PS)

vs.
SACRAMENTO COUNTY OF
HEALTH AND HUMAN SERVICES,
et al.,
Defendants.

ORDER
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On October 25, 2012, defendants filed a motion for summary judgment pursuant

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to Federal Rule of Civil Procedure 56 which included a motion hearing date of November 29,

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2012. On November 21, 2012, plaintiff filed an opposition to the motion for summary judgment

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which was not entered on the docket until November 26, 2012. (See Dkt. No. 110.)

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Plaintiff’s opposition to the motion for summary judgment was filed less than

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fourteen days preceding the noticed hearing date (and docketed less than seven days before the

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hearing date). Based on these circumstances, the court will give defendants additional time to

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file a reply to the motion for summary judgment.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants shall have until December 5, 2012 in which to file a reply to the
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plaintiff’s opposition to the motion for summary judgment; and

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2. The summary judgment motion hearing date noticed for November 29, 2012 is

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VACATED and the motion for summary judgment will be deemed submitted upon the record

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and briefs on file upon the filing of defendant’s reply to the motion for summary judgment or on

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December 5, 2012 if defendants elect not to file a reply subject to the power of the court to

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reopen the matter for further briefs or oral argument or both. (See L.R. 230(g).)

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DATED: November 27, 2012.

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/14:balt3003.cont.sj

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