United States of America v. Wanland

Filing 59

ORDER signed by Magistrate Judge Kendall J. Newman on 11/12/2015 GRANTING in part and DENYING in part defendant's 58 motion for an order dropping or striking the United States' motion to withdraw admissions, or in the alternative, to s et a date for defendant's opposition to the motion on the merits. Defendant shall file an opposition to the United States' motion to withdraw admissions no later than 12/1/2015. Such an opposition shall address both (a) any alleged procedural deficiencies involving that motion and (b) the merits of the motion. The United States shall file any reply brief within seven days of the docketing of defendant's opposition on the CM/ECF system.. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12
13
14
15

No. 2:13-cv-2343-KJM-KJN PS

Plaintiff,
v.

ORDER

DONALD M. WANLAND, JR.,
Defendant.

16
17

On October 30, 2015, the United States filed a motion to withdraw admissions. (ECF No.

18

53.) Thereafter, on November 9, 2015, defendant filed a motion for an order dropping or striking

19

the United States’ motion to withdraw admissions, or in the alternative, to set a date for

20

defendant’s opposition to that motion on the merits. (ECF No. 58.) Defendant contends that the

21

United States’ motion is procedurally improper in various respects.

22

The court finds it appropriate to require defendant to oppose the United States’ motion on

23

the merits. However, in doing so, the court does not prejudge or resolve in any way defendant’s

24

arguments that the United States’ motion is procedurally improper. The court may well

25

ultimately resolve the motion on procedural grounds, or may proceed to the merits. Regardless,

26

the court presently finds that the interests of judicial efficiency would be served by allowing the

27

motion to be briefed both as to procedural issues and on the merits, creating a proper record for

28

the court to consider all the issues.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Defendant’s motion for an order dropping or striking the United States’ motion to

3

withdraw admissions, or in the alternative, to set a date for defendant’s opposition to

4

that motion on the merits (ECF No. 58) is GRANTED IN PART and DENIED IN

5

PART.

6

2. Defendant shall file an opposition to the United States’ motion to withdraw

7

admissions no later than December 1, 2015. Such an opposition shall address both (a)

8

any alleged procedural deficiencies involving that motion and (b) the merits of the

9

motion.

10
11
12
13

3. The United States shall file any reply brief within seven (7) days of the docketing of
defendant’s opposition on the CM/ECF system.
IT IS SO ORDERED.
Dated: November 12, 2015

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2