Phan v. Employment Development Department

Filing 17

ORDER signed by Magistrate Judge Allison Claire on 9/16/16 ORDERING that Plaintiff shall, no later than 9/28/2016, file a response to defendant's motion to dismiss. Defendant shall file its reply, if any, no later than 10/5/2016. The hearing on the motion is CONTINUED to 10/12/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff's 9 Petition is DENIED. (Kastilahn, A) Modified on 9/16/2016 (Kastilahn, A).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LOAN PHAN,

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No. 2:16-cv-0256 KJM AC (PS)
Plaintiff,

v.

AMENDED ORDER

EMPLOYMENT DEVELOPMENT
DEPARTMENT,
Defendant.
Plaintiff is proceeding in this action pro se. The case was accordingly referred to the
undersigned magistrate judge by E.D. Cal. R. 302(c)(21).
Defendant has filed a motion to dismiss and originally noticed it for hearing on July 20,

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2016. ECF No. 6. Plaintiff requested an indefinite continuance of the hearing, and defendant

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agreed to a continuance of 45-60 days. ECF Nos. 8, 10. The court continued the hearing to

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September 21, 2016. ECF No. 11. Plaintiff has not timely responded to defendant’s motion.

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In addition, plaintiff has filed a “Petition for Medical Records To Be Sealed.” ECF No. 9.

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Requests to seal documents are governed by the Local Rules of this court. See E.D. Cal. R.

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(“Local Rule”) 141. Plaintiff’s petition does not comply with the Local Rules, and will

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accordingly be denied.

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Therefore, IT IS HEREBY ORDERED that:

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1. Plaintiff shall, no later than September 28, 2016, file an opposition to defendant’s
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Motion To Dismiss, or a Statement of Non-Opposition. Plaintiff is cautioned that failure to

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comply with this order may result in a recommendation that this action be dismissed.

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2. Defendant shall file its reply, if any, no later than October 5, 2016.

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3. The hearing on the motion, currently scheduled for September 21, 2016, is

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CONTINUED to October 12, 2016 at 10:00 a.m.
4. Plaintiff’s Petition (ECF No. 9) is DENIED.
DATED: September 16, 2016

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