Harrell v. Walmart et al

Filing 107

ORDER signed by Magistrate Judge Allison Claire on 12/19/2018 ORDERING the clerk of court to re-serve 100 Order and 101 Motion for Summary Judgment. Plaintiff will have 30 days from the date of this order to respond to 101 Motion for Summary Judgment. If plaintiff fails to respond, the court will construe the lack of response as non-opposition and deem the matter submitted on the papers. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA NEIL HARRELL,

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No. 2:15-cv-0576-JAM-AC

Plaintiff,
v.

ORDER

WALMART, et al.,
Defendants.

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The court is in receipt of plaintiff’s request for a status update. ECF No. 104. Defendant

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filed a motion for summary judgment on November 7, 2018. Plaintiff did not timely respond,

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though court records indicate that plaintiff did not receive this court’s prior order denying

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plaintiff’s previous summary judgment motion without prejudice. ECF No. 100 (“Mail

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Returned” notation docketed November 20, 2018). In the interest of resolving this matter on the

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merits, the clerk of court is hereby ordered to RE-SERVE the order at ECF No. 100 and the

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motion at ECF No. 101 on plaintiff. Plaintiff will have 30 days from the date of this order to

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respond to defendant’s motion for summary judgment. If plaintiff fails to respond, the court will

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construe the lack of response as non-opposition and deem the matter submitted on the papers.

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IT IS SO ORDERED.
Dated: December 19, 2018