Kessler v. Sacramento City Police Department et al

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 10/13/17 ORDERING the 11/1/17 hearing on defendant's motion to compel 17 is VACATED; and Plaintiff shall respond to defendant's motion or file a statement of non-opposition, in writing, by 11/1/17. Defendants' reply brief is due 11/8/17. If plaintiff does not file any statement, the court will construe it as plaintiff's non-opposition to defendant's motion. (Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WESLEY WILLIAM KESSLER, 12 Plaintiffs, 13 14 15 No. 2:16-cv-01930-GEB-AC v. ORDER SACRAMENTO CITY POLICE DEPARTMENT, et al, Defendants. 16 17 18 The court is in receipt of defendants’ Motion for Terminating Sanctions, currently set for 19 hearing on November 1, 2017. ECF No. 17. Plaintiff appears to be incarcerated. ECF No. 17-2 20 at ¶5. Due to plaintiff’s incarceration, the court will consider defendant’s motion on the papers; 21 plaintiff should file his response or statement of non-response in writing, and defendant should 22 submit its reply in writing. 23 The court hereby ORDERS: 24 1. The November 1, 2017 hearing on defendant’s motion to compel (ECF No. 17) is VACATED; and 25 26 2. Plaintiff shall respond to defendant’s motion or file a statement of non-opposition, in 27 writing, by November 1, 2017. Defendants’ reply brief is due November 8, 2017. If 28 //// 1 1 plaintiff does not file any statement, the court will construe it as plaintiff’s non- 2 opposition to defendant’s motion. 3 4 IT IS SO ORDERED. DATED: October 13, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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