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

Filing 30

ORDER signed by Magistrate Judge John F. Moulds on 9/8/11 ORDERING 29 Request to reset motion hearing is granted; The hearing for 13 Motion to Dismiss and 15 Motion to Dismiss is reset for 10/6/2011 at 11:00 AM in Courtroom 26 (JFM) before Magistrate Judge John F. Moulds.(Matson, R)

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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-JAM-JFM (PS)

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

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ORDER
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This matter is before the court on plaintiff’s September 1, 2011 request to

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reschedule a hearing. At issue are the hearings on two motions to dismiss scheduled for October

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6, 2011 – a July 14, 2011 motion to dismiss filed by defendant Peter Helfer, and a July 18, 2011

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motion to dismiss filed by defendants Lisa Presley, Sacramento Child Advocates, Rebekah Sass

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and Robert Wilson. When initially filed, both of these motions contained errors as to the

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location of the respective hearings and/or the judge before whom the motions were to be heard.1

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Although both matters are presently set to be heard on October 6, 2011 at 11:00 a.m. before the

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The July 14, 2011 motion was initially noticed to be heard in Courtroom 1 before the
Honorable John A. Mendez. The July 18, 2011 motion was initially noticed to be heard in
Courtroom 1 before the undersigned.
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undersigned, a discrepancy remains as to the location of the hearings. Specifically, the July 14,

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2011 matter is scheduled in Courtroom 26 and the July 18, 2011 motion to dismiss is scheduled

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in Courtroom 1. In light of this discrepancy, plaintiff filed a request to schedule the hearing for

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the July 18, 2011 motion to dismiss as she cannot be in both courtrooms at the same time.

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Upon review of the docket, IT IS HEREBY ORDERED that both the July 14,

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2011 motion to dismiss and the July 18, 2011 motion to dismiss shall be heard on October 6,

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2011 in Courtroom 26 at 11:00 a.m. before the undersigned.

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DATED: September 8, 2011.

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/014;balt3003.jo(2)

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