Johnson v. Shaffer et al

Filing 31

ORDER signed by Magistrate Judge Allison Claire on 8/29/2013 ORDERING 24 DISCOVERY and SCHEDULING Order is herein AMENDED to state that L.R. 230(l) does not apply to this action; rather, all motions must be briefed in accordance with the other providsions of L.R. 230; 25 30 Motions Hearing RESET for 10/16/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.(Waggoner, D)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAM JOHNSON,

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No. 2:12-cv-1059 KJM AC P
Plaintiff,

v.

ORDER

JENNIFER SHAFFER, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding with retained counsel, seeks relief pursuant to 28

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U.S.C. § 1983. A motion to compel discovery (ECF No. 25) was filed on behalf of plaintiff on

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May 29, 2013 and appears to have been fully briefed on the papers. On August 21, 2013, two

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other motions were filed: plaintiff’s motion for class certification (ECF No. 29), which was

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properly noticed for hearing on October 16, 2013 before the undersigned, and defendants’ motion

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for summary judgment (ECF No. 30), which was not noticed for hearing. Because the parties are

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all represented by counsel, all motions should have been noticed on the court’s calendar.

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Confusion may have arisen in light of the court’s February 20, 2013 Discovery and Scheduling

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Order (ECF No. 24), which erroneously stated that motions should be briefed in accordance with

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L.R. 230(l).

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Accordingly, IT IS ORDERED that:

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1. The Discovery and Scheduling Order is herein amended to state that L.R. 230(l) does
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not apply to this action; rather, all motions must be briefed in accordance with the other

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provisions of L.R. 230;

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2. Hearing on the motion to compel (ECF No. 25) and the motion for summary judgment

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(ECF 30) is hereby also set for October 16, 2013, the date previously noticed for the hearing on

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plaintiff’s motion for class certification (ECF No. 29).

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DATED: August 29, 2013

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AC:009
John1059.ord

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