Olson v. Hornbrook Community Services District, et al.

Filing 121

ORDER signed by Magistrate Judge Dennis M. Cota on 3/30/2020 GRANTING 119 Motion to Stay. Briefing on the Motions to dismiss and strike, 108 and 109 , is STAYED for 30 days from the date of this order. Briefing on Plaintiff's Motion to Strike affirmative defenses, 116 , is also STAYED for 30 days from the date of this order. Upon expiration of the stay of briefing, the Court will issue an order either setting a new briefing schedule or continuing the stay. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KIMBERLY R. OLSON,

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Plaintiff,

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No. 2:15-CV-0646-KJM-DMC

v.

ORDER

HORNBROOK COMMUNITY
SERVICES DISRICT, et al.,
Defendants.

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Plaintiff, who is proceeding pro se, brings this civil action. Pending before the

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Court is plaintiff’s request for a stay of the briefing schedule for pending motions established in

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the March 20, 2020, order. See ECF No. 119.
On March 20, 2020, the Court ordered various pending motions submitted on the

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papers and vacated the hearing set for March 25, 2020, on the motions to dismiss and strike, ECF

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Nos. 108 and 109, filed by defendants Robert Winston, Kirsher, and Winston & Boston, L.C. As

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to the motions to dismiss and strike, the Court granted plaintiff until May 11, 2020, to file an

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opposition. Finally, the Court ordered that, upon completion of briefing on the motions to

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dismiss and strike, those motions would also stand submitted on the papers.

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In her motion to stay the briefing schedule, plaintiff cites her disability, lack of

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access to transportation, and long distance from her rural residence in far north California to the

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closest place to conduct legal research in Medford, Oregon, as well as shelter-in-place orders

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issued by the governors of California and Oregon, and advises the Court that she will be unable to

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participate in the litigation during the current COVID-19 emergency. See ECF No. 119. Plaintiff

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requests a stay of briefing on the motions to dismiss and stay. See id. Plaintiff also requests a

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stay of briefing on her motion to strike affirmative defenses, ECF No. 116, filed on February 28,

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2020, but not at that time noticed for a hearing. See id. Plaintiff has no objection to submission

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of the other pending motions outlined in the Court’s March 20, 2020, order. See id.

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The Court finds the relief plaintiff requests is reasonable under the circumstances

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and, for good cause shown, plaintiff’s motion will be granted. Briefing on the motions to dismiss

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and strike, ECF Nos. 108 and 109, filed by defendants Robert Winston, Kirsher, and Winston &

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Boston, L.C., is stayed for 30 days from the date of this order. Briefing on plaintiff’s motion to

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strike affirmative defenses, ECF No. 116, is also stayed for 30 days from the date of this order.

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Upon expiration of the stay of briefing, the Court will issue an order either setting a new briefing

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schedule or continuing the stay.

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IT IS SO ORDERED.

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Dated: March 30, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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