McCain v. California Highway Patrol et al

Filing 148

ORDER signed by Magistrate Judge Allison Claire on 1/7/2013 ORDERING 133 The hearing on plaintiff's motion for summary judgment is CONTINUTED to 3/13/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison; Defendants' 145 ex parte motion for order shortening time is PARTIALLY GRANTED; defendants' 146 joint motion for terminating sanctions or, in the alternative, motion to compel is hereby SET for hearing on 1/23/2013 at 10:00 AM in Courtroom 26 (AC) before Mag istrate Judge Allison Claire; Defendants shall, however, file supplemental briefing regarding any proposed changes to the 12/1/2011 pretrial scheduling order on or before 1/10/2013; plaintiff shall submit her response to defendants' joint motion on or before 1/16/2013. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERRILYN McCAIN,

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Plaintiff,
vs.

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No. CIV 2:11-cv-1265 KJM AC PS

MANGHAM, et al.,
Defendants.

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ORDER
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Pending before the court is plaintiff’s November 28, 2012 motion for summary

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judgment, set for hearing on January 16, 2013. Also pending is defendants’ ex parte motion for

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order shortening time on their January 3, 2013 joint motion for terminating sanctions or, in the

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alternative, motion to compel. On review of the motions, the docket in this case, and good cause

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appearing therefor, IT IS HEREBY ORDERED that:

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1. The January 16, 2013 hearing on plaintiff’s motion for summary judgment is
continued to March 13, 2013 at 10:00 a.m. in courtroom # 26;
2. Defendants’ January 3, 2013 ex parte motion for order shortening time is

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partially granted. Doc. No. 145;

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3. The defendants’ January 3, 2013 joint motion for terminating sanctions or, in

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the alternative, motion to compel (Doc. No. 146) is hereby set for hearing on January 23, 2013 at

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10:00 a.m. in courtroom # 26 before the undersigned. In light of the defendants’ assertion that

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plaintiff has failed entirely to participate in discovery in this case, defendants are absolved of the

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requirement to seek participation from plaintiff in filing a joint discovery statement. See Local

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Rule 251(e). Defendants shall, however, file supplemental briefing regarding any proposed

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changes to the December 1, 2011 pretrial scheduling order on or before January 10, 2013.

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Plaintiff shall submit her response to defendants’ joint motion on or before January 16, 2013.

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DATED: January 7, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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/mb;mcca1265.jo

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