O'Neal v. Johnson et al

Filing 28

ORDER signed by Magistrate Judge Dale A. Drozd on 6/19/2015 ORDERING 18 Defendants' 24 statement of non-opposition is DEEMED WITHDRAWN; the hearing on Plaintiff's 20 motion to add a defendant is CONTINUED to 7/24/2015 at 10:00 AM in C ourtroom 27 (DAD) before Magistrate Judge Dale A. Drozd; Plaintiff shall file a proposed sixth amended complaint and a supplement to his motion to add a defendant by 7/6/2015, defendants Opposition by 7/13/2015, plaintiff shall file a reply by 7/20/2 015; defendants' 23 motion for summary is DENIED without prejudice to renewal and the matter is DROPPED from the Court's 6/26/2015 calendar; the deadlines and hearings set in the 2/2/2015 Status Pretrial Scheduling Order are VACATED subject to re-setting following disposition of the motions addressed. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SEAN O’NEAL, 12 Plaintiff, 13 14 No. 2:14-cv-2374 DAD PS v. ORDER AUGUST JOHNSON, et al., 15 Defendants. 16 This matter came before the court on June 19, 2015, for the hearing of plaintiff’s motion 17 18 to add a defendant. Plaintiff Sean O’Neal appeared on his own behalf. Attorney Sean Richmond 19 appeared on behalf of the defendants.1 Upon consideration of the arguments on file and those made at the hearing, and for the 20 21 reasons set forth on the record at that hearing, IT IS HEREBY ORDERED that: 1. Defendants’ June 1, 2015 statement of non-opposition (Dkt. No. 24) is deemed 22 23 withdrawn. 2. The hearing of plaintiff’s motion to add a defendant (Dkt. No. 20) is continued to 24 25 Friday, July 24, 2015, at 10:00 a.m., at the United States District Court, 501 I Street, 26 Sacramento, California, in Courtroom No. 27, before the undersigned. Any party may appear at 27 28 1 The parties currently before the court have previously consented to Magistrate Judge jurisdiction over this action pursuant to 28 U.S.C. ' 636(c)(1). (Dkt. No. 16.) 1 1 the July 24, 2015 hearing telephonically if the party pre-arranges such appearance by contacting 2 Pete Buzo, the courtroom deputy of the undersigned magistrate judge, at (916) 930-4128, no later 3 than 48 hours before the hearing; a land line telephone number must be provided. 4 3. Plaintiff shall file a proposed sixth amended complaint and a supplement to his motion 5 to add a defendant on or before July 6, 2015. Defendants shall file an opposition to plaintiff’s 6 motion on or before July 13, 2015. Plaintiff shall file a reply on or before July 20, 2015. 7 8 9 4. Defendants’ May 22, 2015 motion for summary judgment (Dkt. No. 23) is denied without prejudice to renewal and the matter is dropped from the court’s June 26, 2015 calendar. 5. The deadlines and hearings set in the February 2, 2015 Status (Pretrial Scheduling) 10 Order (Dkt. No. 18) are vacated subject to re-setting following disposition of the motions 11 addressed above. 12 Dated: June 19, 2015 13 14 15 16 17 DAD:6 Ddad1\orders.consent\o’neal2374.oah.061915.docx 18 19 20 21 22 23 24 25 26 27 28 2

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