Brown v. Jewell et al

Filing 26

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/1/2016 ORDERING that the Hearing date of 1/25/2017 is VACATED; Hearing on defendant's 19 Motion to Dismiss is CONTINUED to 2/22/2017 at 10:00 AM in Courtroom 24 (CKD) before Magist rate Judge Carolyn K. Delaney. Plaintiff shall file opposition to the motion to dismiss no later than 1/18/2017. Any documents referenced in the opposition must be submitted as exhibits in support of the opposition, served on defense counsel, and m ust be properly authenticated and subject to judicial notice. Failure to file opposition will be deemed as a statement of non-opposition and shall result in submission of the motion on the papers and a recommendation that this action be dismissed pursuant to FRCP 41(b); and Reply, if any, shall be filed no later than 2/1/2017. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARILEE BROWN,

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No. 2:16-cv-0637 MCE CKD PS

Plaintiff,
v.

ORDER

SALLY JEWELL,

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Defendant.

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Presently calendared for hearing on January 25, 2017 is defendant’s motion to dismiss.

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Plaintiff has requested an additional extension of time to April, 2017 to file an opposition due to

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personal health reasons and because of care she provides to her parents. Plaintiff’s request is

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unreasonable. The motion was filed September 12, 2016 and the court has already afforded

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plaintiff over three months to oppose the motion. However, a brief additional extension will be

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granted.

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Plaintiff has also requested that she not be required to copy documents she uses in support

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of her motion if those documents have previously been provided to defendant. The court does not

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have copy of documents purportedly provided to defendant. Any documents plaintiff intends to

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use in support of her opposition must be submitted to the court and served on defense counsel.

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The court does note, however, that the pending motion is a motion to dismiss; generally

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documents outside of the pleadings are not considered on a motion to dismiss except as to those
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matters which are subject to judicial notice.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The hearing date of January 25, 2017 is vacated. Hearing on defendant’s motion is

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continued to February 22, 2017 at 10:00 a.m. in courtroom no. 24.
2. Plaintiff shall file opposition to the motion to dismiss no later than January 18, 2017.

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Any documents referenced in the opposition must be submitted as exhibits in support of the

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opposition, served on defense counsel, and must be properly authenticated and subject to judicial

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notice. Failure to file opposition will be deemed as a statement of non-opposition and shall result

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in submission of the motion on the papers and a recommendation that this action be dismissed

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pursuant to Federal Rule of Civil Procedure 41(b).
3. Reply, if any, shall be filed no later than February 1, 2017.
Dated: December 1, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 brown0637.2.con

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