Gomes v. Boone et al

Filing 39

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MORGAN MARIE GOMES,

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No. 2:15-cv-1546 TLN DB PS

Plaintiff,
v.

ORDER

NICK BOONE, Placer County Probation
Officer; MR. WILLIAMS, employee at
Placer County Juvenile Detention Center;
PLACER COUNTY PROBATION
OFFICE; and Does 1through 20,
Defendants.

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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

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motion for hearing before the undersigned on April 7, 2017. (ECF No. 35.) Pursuant to Local

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Rule 230(c) plaintiff was to file opposition or a statement of non-opposition to defendants’

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motion “not less than fourteen (14) days preceding the noticed . . . hearing date.” Plaintiff,

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however, failed to file a timely opposition or statement of non-opposition.

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Accordingly, on March 31, 2017, the court issued an order to show cause, ordering

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plaintiff to show cause in writing within fourteen days as to why this action should not be

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dismissed for lack of prosecution, as well as ordering plaintiff to file a statement or opposition or
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non-opposition to defendants’ motion for summary judgment on or before May 12, 2017. (ECF

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No. 36.) That order also continued the hearing of defendants’ motion for summary judgment to

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May 26, 2017. On April 13, 2017, plaintiff filed a response to the order to show cause. (ECF No.

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37.) On May 12, 2017, plaintiff filed a motion for a three-day extension of time to file her

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opposition. (ECF No. 38.)

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Plaintiff’s motion for an extension of time will be granted. However, the granting of

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plaintiff’s motion for an extension of time necessitates a continuation of the May 26, 2017

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hearing of defendants’ motion for summary judgment. Moreover, plaintiff is cautioned that no

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further extensions of time will be granted absent a showing of good cause.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The March 31, 2017 order to show cause is discharged;

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2. The May 26, 2017 hearing of defendants’ motion for summary judgment (ECF No. 35)

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is continued to Friday, June 23, 2017, at 10:00 a.m., at the United States District Court, 501 I

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Street, Sacramento, California, in Courtroom No. 27, before the undersigned;

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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

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hereby vacated, to be reset after the resolution of defendants’ motion for summary judgment; and

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5. Plaintiff is again cautioned that the failure to timely comply with this order may result

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in a recommendation that this case be dismissed.

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Dated: May 23, 2017

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DLB:6
DB/orders/orders.pro se/gomes1546.hrg.cont

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