Belyew v. Duch et al

Filing 55

ORDER signed by Magistrate Judge Jeremy D. Peterson on 7/21/21 ORDERING within 7 days of the date of this order, defendants shall reserve their motion for summary judgment on plaintiff at her of record: Lisa Marie Belyew, WG-0016Central California W omens Facility (1508), PO Box 1508, Chowchilla, CA 93610-1508. Defendants shall file with the court, within seven days of this order, a new proof of service. Within twenty-one days of service, plaintiff shall file either an opposition or a statement of non-opposition to defendants motion. Defendants may file a reply to plaintiffs opposition, if any, 7 days thereafter.(Plummer, M)

Case 2:17-cv-01213-JAM-JDP Document 55 Filed 07/22/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LISA MARIE BELYEW,

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Case No. 2:17-cv-01213-JAM-JDP (PC)

Plaintiff,

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v.

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ORDER DIRECT DEFENDANTS TO
RESERVE THEIR MOTION TO DISMISS

DUTCH, et al.,

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ECF No. 53
Defendants.

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On July 9, 2021, defendants filed a motion for summary judgment. ECF No. 53.

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Defendants served plaintiff by mailing her a copy of the motion to 7 Gillick Way, Oroville,

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California. ECF No. 53 at 3. On that same day, plaintiff filed a notice of change of address,

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informing the court and defendants that her address has changed to P.O. Box 1508, Chowchilla,

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California. ECF No. 54. The docket does not reflect whether defendants re-served their motion

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on plaintiff at her new address. Thus, it is not apparent that plaintiff has received proper notice of

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defendants’ motion for summary judgment.

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Accordingly, it is hereby ORDERED that:

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1. Within seven days of the date of this order, defendants shall reserve their motion for

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summary judgment on plaintiff at her of record:

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Case 2:17-cv-01213-JAM-JDP Document 55 Filed 07/22/21 Page 2 of 2
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Lisa Marie Belyew
WG-0016
Central California Women’s Facility (1508)
PO Box 1508
Chowchilla, CA 93610-1508

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2. Defendants shall file with the court, within seven days of this order, a new proof of

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service.
3. Within twenty-one days of service, plaintiff shall file either an opposition or a

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statement of non-opposition to defendants’ motion.
4. Defendants may file a reply to plaintiff’s opposition, if any, seven days thereafter.

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IT IS SO ORDERED.
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Dated:

July 21, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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