Gress v. Smith, et al.

Filing 52

ORDER signed by Magistrate Judge Kendall J. Newman on 6/26/2014 DISCHARGING the 6/4/14 order to show cause 44 ; GRANTING defendant Dr. Nale an extension of time to file a responsove pleading; and defendant Dr. Nale shall file a responsive pleading to the Second Amended Complaint as set forth in this court's order addressing the 6/11/14 stipulation.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL GRESS,

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No. 2:13-cv-0328 KJN P

Plaintiff,
v.

ORDER

CHRISTOPHER SMITH, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding through counsel. By order filed June 4, 2014,

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defendant Dr. Boru Nale was ordered to show cause why his default should not be entered. on

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June 20, 2014, counsel for plaintiff filed a response to the order to show cause, along with the

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declarations of Dr. Boru Nale and Riann Giovacchini, litigation coordinator at Mule Creek State

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Prison, explaining the confusion over legal representation of Dr. Nale and his failure to timely

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respond. Good cause appearing, the order to show cause is discharged. Counsel for plaintiff was

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recently granted leave to file a second amended complaint. Therefore, defendant Dr. Nale shall

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file a response to the Second Amended Complaint as set forth in this court’s order addressing the

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June 11, 2014 stipulation.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The June 4, 2014 order to show cause directed to defendant Dr. Boru Nale (ECF No.

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44) is discharged;
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2. Defendant Dr. Nale is granted an extension of time in which to file a responsive
pleading; and
3. Defendant Dr. Nale shall file a responsive pleading to the Second Amended Complaint

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as set forth in this court’s order addressing the June 11, 2014 stipulation.

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Dated: June 26, 2014

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/gres0328.dsc

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