Gomes v. Boone et al
ORDER signed by Magistrate Judge Deborah Barnes on 5/23/17 ORDERING that the 3/31/17 order to show cause is DISCHARGED; The 5/26/17 hearing of Defendants' MOTION for SUMMARY JUDGMENT 35 is CONTINUED to Friday, 6/23/2017 at 10:00 AM in Courtro om 27 (DB) before Magistrate Judge Deborah Barnes. On or before 6/9/17, Plaintiff shall file a statement of opposition or non-opposition to defendants' MOTION for Summary Judgment; The 7/13/17 final pretrial conference and 9/11/17 trial date s are hereby VACATED, to be reset after the resolution of Defendants' MOTION for Summary Judgment; and Plaintiff is again cautioned that the failure to timely comply with this order may result in a recommendation that this case be dismissed. (Mena-Sanchez, L)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MORGAN MARIE GOMES,
No. 2:15-cv-1546 TLN DB PS
NICK BOONE, Placer County Probation
Officer; MR. WILLIAMS, employee at
Placer County Juvenile Detention Center;
PLACER COUNTY PROBATION
OFFICE; and Does 1through 20,
Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the
undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
On March 7, 2017, defendants filed a motion for summary judgment and noticed that
motion for hearing before the undersigned on April 7, 2017. (ECF No. 35.) Pursuant to Local
Rule 230(c) plaintiff was to file opposition or a statement of non-opposition to defendants’
motion “not less than fourteen (14) days preceding the noticed . . . hearing date.” Plaintiff,
however, failed to file a timely opposition or statement of non-opposition.
Accordingly, on March 31, 2017, the court issued an order to show cause, ordering
plaintiff to show cause in writing within fourteen days as to why this action should not be
dismissed for lack of prosecution, as well as ordering plaintiff to file a statement or opposition or
non-opposition to defendants’ motion for summary judgment on or before May 12, 2017. (ECF
No. 36.) That order also continued the hearing of defendants’ motion for summary judgment to
May 26, 2017. On April 13, 2017, plaintiff filed a response to the order to show cause. (ECF No.
37.) On May 12, 2017, plaintiff filed a motion for a three-day extension of time to file her
opposition. (ECF No. 38.)
Plaintiff’s motion for an extension of time will be granted. However, the granting of
plaintiff’s motion for an extension of time necessitates a continuation of the May 26, 2017
hearing of defendants’ motion for summary judgment. Moreover, plaintiff is cautioned that no
further extensions of time will be granted absent a showing of good cause.
Accordingly, IT IS HEREBY ORDERED that:
1. The March 31, 2017 order to show cause is discharged;
2. The May 26, 2017 hearing of defendants’ motion for summary judgment (ECF No. 35)
is continued to Friday, June 23, 2017, at 10:00 a.m., at the United States District Court, 501 I
Street, Sacramento, California, in Courtroom No. 27, before the undersigned;
3. On or before June 9, 2017, plaintiff shall file a statement of opposition or nonopposition to defendants’ motion for summary judgment;
4. The July 13, 2017 final pretrial conference and September 11, 2017 trial dates are
hereby vacated, to be reset after the resolution of defendants’ motion for summary judgment; and
5. Plaintiff is again cautioned that the failure to timely comply with this order may result
in a recommendation that this case be dismissed.
Dated: May 23, 2017
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