Drake v. Niello Company et al

Filing 98

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/24/2017 VACATING the 8/9/2017 Hearing on the 83 Defendants' Motion for Judgment on the pleadings and GRANTING-IN-PART 96 Plaintiff's Motion for Extension of Time. Plaintiff shall f ile an opposition or statement of non-opposition to Defendants' 83 Motion and a Response to the court's 90 Order to Show Cause by 8/30/2017. Defendants may file a reply to plaintiff's opposition, if any, on or before 9/4/2017. Defendants shall file an opposition or statement of non-opposition to 97 Motion to Transfer Venue no later than 8/9/2017. Plaintiff may file a reply to defendants' opposition, if any, on or before 8/30/2017. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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E. DRAKE,

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No. 2:17-cv-1036-JAM-EFB PS
Plaintiff,

v.

ORDER

THE NIELLO COMPANY, NIELLO
IMPORTS OF ROCKLIN, INC., NIELLO
PERFORMANCE MOTORS INC.,
NIELLO MOTOR CAR COMPANY,
AND SHIPPING EXPERTS INC.,

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Defendants.

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Plaintiff has filed a motion to stay this case (ECF No. 95), a motion to continue the

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August 9 hearing on defendants’ motion for judgment on the pleadings (ECF No. 96), and a

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motion to transfer venue (ECF No. 97). In the first two motions, plaintiff essentially seeks

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additional time to file an opposition to defendants’ motion and his response to the court’s June 20,

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2017 order to show cause. In support of his request, plaintiff submits a physician note indicating

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that he is scheduled to undergo surgery this month and will require multiple months to fully

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recover.1

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Plaintiff’s pleading states that the physician’s note is to be “Filed Under Seal.” ECF
No. 95 at 8. Plaintiff, however, failed to file a proper request to seal in compliance with Local
Rule 141.
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In light of the letter from plaintiff’s physician, plaintiff’s request for an extension of time

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(ECF No. 96) is granted in part, and he shall file an opposition or statement of non-opposition to

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defendants’ motion and his response the order to show cause by no later than August 28, 2017.

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His request to stay the case (ECF No. 95) is denied.

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As for plaintiff’s motion to transfer venue, he failed to properly notice the motion for

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hearing in violation of Local Rule 230(b). Defendants are directed to file an opposition or

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statement of non-opposition to plaintiff’s motion by July 21, 2017. Plaintiff may file a reply by

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August 28, 2017.

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Accordingly, it is hereby ORDERED that:

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1. The August 9, 2017 hearing on defendants’ motion for judgment on the pleadings
(ECF No. 83) is vacated;

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2. Plaintiff’s motion for an extension of time (ECF No. 96) is granted in part, and he shall

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file an opposition or statement of non-opposition to defendants’ motion and a response the court’s

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June 20, 2016 order to show cause by no later than August 30, 2017.

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3. Defendants may file a reply to plaintiff’s opposition, if any, on or before September 4,
2017.

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4. Defendants shall file an opposition or statement of non-opposition to plaintiff’s motion
to transfer venue no later than August 9, 2017.

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5. Plaintiff may file a reply to defendants’ opposition, if any, on or before August 30,
2017.
6. Thereafter, both defendants’ motion for judgment on the pleadings and plaintiff’s

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motion to transfer venue will stand submitted for decision.

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DATED: July 24, 2017.

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