Benson v. Enloe Medical Center et al

Filing 14

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)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DOUGLAS BENSON, 12 Plaintiff, 13 14 No. 2:15-CV-2053-JAM-CMK vs. ORDER ENLOE MEDICAL CENTER, et al., 15 Defendants. 16 / 17 Plaintiff, who is proceeding pro se, brings this civil action. On November 12, 18 2015, the matter was stayed pending arbitration. On September 8, 2017, defendants filed a status 19 report indicating that a final binding arbitration decision had been issued on July 7, 2017, and 20 that a stipulation for dismissal of this action had been sent to plaintiff on August 28, 2017. On 21 September 7, 2017, plaintiff filed a statement indicating that he intended to appeal the arbitration 22 award and does not agree to a stipulated dismissal of the action. On September 21, 2017, 23 plaintiff filed in this court a “Notice of Appeal” on a California Judicial Council form. In this 24 filing, plaintiff seeks an order vacating the arbitration award. 25 /// 26 /// 1 1 Pursuant to Eastern District of California Local Rule 230(b), “all motions shall be 2 noticed on the motion calendar of the assigned Judge or Magistrate Judge.” Pursuant to Local 3 Rule 302(c)(21), all matters in actions where, as here, the plaintiff is proceeding pro se shall be 4 referred to the assigned Magistrate Judge. In this case, plaintiff has failed to notice his motion on 5 the undersigned’s motion calendar. Therefore, the motion will be stricken. Plaintiff may re-file 6 his motion along with a notice of motion setting the matter on the undersigned’s motion calendar. 7 Given resolution of arbitration proceedings, the stay issued on November 12, 8 2015, is lifted and defendants shall file a response to the complaint within 30 days of the date of 9 this order. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. Plaintiff’s motion (Doc. 13) is stricken for lack of proper notice; and 12 2. The stay of proceedings issued on November 12, 2015, is lifted; and 13 3. Defendants shall file a response to the complaint within 30 days of the 14 date of this order. 15 16 17 18 DATED: October 11, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 2

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