Schaldach v. Dignity Health, et. al.

Filing 47

ORDER signed by Chief Judge Morrison C. England, Jr. on 7/17/2015 DENYING AS MOOT 42 Motion to Strike; VACATING the Motion Hearing on said motion set for 8/6/2015; DECLINING the plaintiff's request to impose sanctions. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDA M. SCHALDACH, fka LINDA M.
LOWRY,
Plaintiff,

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v.

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No. 2:12-cv-02492-MCE-KJN

ORDER

DIGNITY HEALTH, et al.,
Defendants.

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Defendants Dignity Health, Dignity Health Medical Foundation, Shelley Noyes,

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A.C. Saechao, and Dedra Bouchard (collectively, “Defendants”) filed a Motion for

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Summary Judgment on July 9, 2015 and set the Motion to be heard on August 20, 2015.

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ECF No. 40. This was two weeks less than the eight weeks’ notice required by the

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Court’s Pretrial Scheduling Order. See ECF No. 36 at 4:3-10. Rather than contact

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Defendants about this discrepancy, Plaintiff Linda Schaldach (“Plaintiff”) filed a Motion to

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Strike and a Request for Sanctions with the Court. ECF No. 42. Subsequent to

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Plaintiff’s filing, Defendants re-noticed their Motion for Summary Judgment for

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September 3, 2015. ECF No. 46.

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Given that Defendants have re-noticed their Motion in compliance with the Pretrial

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Scheduling Order, Plaintiff’s Motion is DENIED as moot. The hearing on that Motion,

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currently set for August 6, 2015, is hereby VACATED. The Court declines Plaintiff’s

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request to impose sanctions.

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IT IS SO ORDERED.
Dated: July 17, 2015

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