Nutting v. El Dorado County et al

Filing 19

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/9/16 ORDERING that Plaintiff's 18 request is GRANTED in PART. Hearing on Defendants' Motions 11 , 13 is CONTINUED to 12/7/2016 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Plaintiff shall file opposition, if any, to the motion no later than 11/9/2016. Reply, if any, shall be filed no later than 11/16/2016. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAY NUTTING,

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No. 2:16-cv-1235 GEB CKD PS
Plaintiff,

v.

ORDER

EL DORADO COUNTY, et al.,

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Defendants.

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This action was referred to the undersigned pursuant to Local Rule 302(c)(21).

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Calendared for hearing on September 28, 2016 is defendant El Dorado County’s motion to

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dismiss. Calendared for hearing on October 5, 2016 is defendants Briggs and Santiago’s motion

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to dismiss. Plaintiff has requested a continuance of the hearing dates on these motions to late

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November or early December so as to allow plaintiff sufficient time to file opposition. Plaintiff

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asserts that due to the terminal illness of his brother, he has limited time to research and draft an

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opposition.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request (ECF No. 18) is granted in part.

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2. The hearing dates of September 28, 2016 and October 5, 2016 are vacated. Hearing on

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defendants’ motions (ECF Nos. 11, 13) is continued to December 7, 2016 at 10:00 a.m. in

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courtroom no. 24.
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3. Plaintiff shall file opposition, if any, to the motion no later than November 9, 2016.

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

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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).

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4. Reply, if any, shall be filed no later than November 16, 2016.
Dated: September 9, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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