Bell v. United States Department of Interior et al

Filing 78

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/17/2013. Hearing on defendants 71 Motion to Dismiss for failure to prosecute currently set for 6/26/2013 is CONTINUED to 5/29/2013 at 10:00 a.m. in Courtroom 8 (EFB).Plaintiff's Oppositio ns or Non-Oppositions to defendant's 71 Motion to Dismiss for failure to prosecute 75 Motion for Sanctions are due on or before 5/22/2013. Defendant's Replies to plaintiff's Oppositions shall be due on or before 12:00 p.m. on 5/28/2013. Plaintiff is GRANTED leave to 72 appear telephonically at 5/29/2013 Hearing. To arrange telephonic appearance, plaintiff shall contact Courtroom Deputy Nic Cannarozzi at least 48 hours prior to Hearing. (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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YOLANDA Y. BELL,
Plaintiff,

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No. 2:12-cv-1414 GEB JFM (PS)

vs.
UNITED STATES DEP’T OF INTERIOR,
KENNETH SALAZAR, Secretary,

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Defendant.
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ORDER
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Plaintiff’s motion to modify the scheduling order is presently calendared for hearing on

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May 29, 2013. ECF 68. Defendant filed a motion to dismiss for failure to prosecute which is

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presently calendared for hearing on June 26, 2013. ECF 71. On May 15, 2013, defendant timely

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opposed plaintiff’s motion to modify the scheduling order. ECF 74. Defendant also filed a

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motion for sanctions pursuant to Fed. R. Civ. P. 37 and L.R. 251(e)1, which is calendared for

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Local Rule 251(e) provides:
The foregoing requirement for a Joint Statement re Discovery
Disagreement shall not apply to the following situations: (1) when
there has been a complete and total failure to respond to a discovery
request or order, or (2) when the only relief sought by the motion is
the imposition of sanctions. In either instance, the aggrieved party
may bring a motion for relief for hearing on fourteen (14) days
notice. The responding party shall file a response thereto not later
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hearing on May 29, 2013. ECF 75 and 76. Finally, plaintiff filed a motion to appear

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telephonically at the May 29, 2013, hearing. ECF 72. The court finds that this matter is best

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served by hearing the parties’ motions concurrently.

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Accordingly, it is ORDERED that:

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1. The hearing on defendant’s motion to dismiss for failure to prosecute (ECF 71),

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currently set for June 26, 2013, is continued to May 29, 2013, at 10:00 a.m. in Courtroom No. 8.

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2. Plaintiff’s oppositions, or non-oppositions, to defendant’s motion to dismiss for

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failure to prosecute (ECF 71), and defendant’s motion for sanctions (ECF 75 and 76) are due on

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or before May 22, 2013.

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3. Defendant’s replies to plaintiff’s oppositions shall be due on or before 12:00 p.m. on
May 28, 2013.

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4. Plaintiff is granted leave to appear telephonically at the May 29, 2013, hearing. ECF

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72. To arrange telephonic appearance, plaintiff shall contact Courtroom Deputy Nic Cannarozzi

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at [phone], at least forty-eight hours prior to the hearing.

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DATED: May 17, 2013.

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than seven (7) days before the hearing date. The moving party may
file and serve a reply thereto not less than two (2) court days before
the hearing date. L.R. 135.
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