Benson v. Enloe Medical Center et al
ORDER signed by Magistrate Judge Craig M. Kellison on 10/11/2017 STRIKING 13 Motion for lack of proper notice; The stay of proceedings issued on 11/12/15, is lifted; Defendants shall file a response to the complaint within 30 days of the date of this order. (Washington, S)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ENLOE MEDICAL CENTER, et al.,
Plaintiff, who is proceeding pro se, brings this civil action. On November 12,
2015, the matter was stayed pending arbitration. On September 8, 2017, defendants filed a status
report indicating that a final binding arbitration decision had been issued on July 7, 2017, and
that a stipulation for dismissal of this action had been sent to plaintiff on August 28, 2017. On
September 7, 2017, plaintiff filed a statement indicating that he intended to appeal the arbitration
award and does not agree to a stipulated dismissal of the action. On September 21, 2017,
plaintiff filed in this court a “Notice of Appeal” on a California Judicial Council form. In this
filing, plaintiff seeks an order vacating the arbitration award.
Pursuant to Eastern District of California Local Rule 230(b), “all motions shall be
noticed on the motion calendar of the assigned Judge or Magistrate Judge.” Pursuant to Local
Rule 302(c)(21), all matters in actions where, as here, the plaintiff is proceeding pro se shall be
referred to the assigned Magistrate Judge. In this case, plaintiff has failed to notice his motion on
the undersigned’s motion calendar. Therefore, the motion will be stricken. Plaintiff may re-file
his motion along with a notice of motion setting the matter on the undersigned’s motion calendar.
Given resolution of arbitration proceedings, the stay issued on November 12,
2015, is lifted and defendants shall file a response to the complaint within 30 days of the date of
Accordingly, IT IS HEREBY ORDERED that:
Plaintiff’s motion (Doc. 13) is stricken for lack of proper notice; and
The stay of proceedings issued on November 12, 2015, is lifted; and
Defendants shall file a response to the complaint within 30 days of the
date of this order.
DATED: October 11, 2017
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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