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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOUGLAS BENSON,

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Plaintiff,

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No. 2:15-CV-2053-JAM-CMK

vs.

ORDER

ENLOE MEDICAL CENTER, et al.,

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Defendants.

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Plaintiff, who is proceeding pro se, brings this civil action. On November 12,

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2015, the matter was stayed pending arbitration. On September 8, 2017, defendants filed a status

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report indicating that a final binding arbitration decision had been issued on July 7, 2017, and

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that a stipulation for dismissal of this action had been sent to plaintiff on August 28, 2017. On

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September 7, 2017, plaintiff filed a statement indicating that he intended to appeal the arbitration

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award and does not agree to a stipulated dismissal of the action. On September 21, 2017,

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plaintiff filed in this court a “Notice of Appeal” on a California Judicial Council form. In this

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filing, plaintiff seeks an order vacating the arbitration award.

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Pursuant to Eastern District of California Local Rule 230(b), “all motions shall be

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noticed on the motion calendar of the assigned Judge or Magistrate Judge.” Pursuant to Local

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Rule 302(c)(21), all matters in actions where, as here, the plaintiff is proceeding pro se shall be

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referred to the assigned Magistrate Judge. In this case, plaintiff has failed to notice his motion on

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the undersigned’s motion calendar. Therefore, the motion will be stricken. Plaintiff may re-file

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his motion along with a notice of motion setting the matter on the undersigned’s motion calendar.

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Given resolution of arbitration proceedings, the stay issued on November 12,

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2015, is lifted and defendants shall file a response to the complaint within 30 days of the date of

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this order.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion (Doc. 13) is stricken for lack of proper notice; and

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2.

The stay of proceedings issued on November 12, 2015, is lifted; and

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3.

Defendants shall file a response to the complaint within 30 days of the

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date of this order.

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DATED: October 11, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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