Lepp et al v. Yuba County et al

Filing 41

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/14/17 ORDERING that Plaintiff's Request for an Extension of time to respond to Defendants' Motions 35 is GRANTED. The hearing of defendants Yuba County, Strang, Ajax, and Vroman an d Olivera's MOTIONS to DISMISS and/or STRIKE 23 , 24 , 26 , 34 and Plaintiffs' MOTIONS for Injunctive relief 11 , 12 is CONTIINUED to 1/10/2018 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiffs shall show cause, in writing, no later than 12/20/2017, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to Defendants Yuba County, Strang, Ajax, and Vroman's MOTIONS. Plaintiffs shall file an opposition to the pending motions, or a statement of nonopposition thereto, no later than 12/20/17. Defendants may file a reply to Plaintiffs' opposition, if any, on or before 1/3/18. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REVEREND HEIDI LEPP, et al.,

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No. 2:17-cv-1317-GEB-EFB PS

Plaintiffs,
v.

ORDER

YUBA COUNTY, et al.,
Defendants.

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Defendants the County of Yuba, Jeremy Strang, Lori Ajax, and Michael Vroman moved

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to dismiss the complaint pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). ECF

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Nos. 23, 24, 26. Defendant Vroman also moved to strike all unrepresented plaintiffs pursuant to

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Rule 12(f) (ECF No. 26), and defendant Chris Monaco moved to set aside the entry of his default

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(ECF No. 21). These motions, as well as plaintiffs’ motions for injunctive relief, were set for

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hearing on October 4, 2017.

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In violation of Local Rule 230(c), plaintiffs failed to file an opposition or statement of

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non-opposition to defendants’ motions. Accordingly, the hearing the motions was continued to

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November 22, 2017, and plaintiffs were ordered, by no later than November 8, 2017, to file an

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opposition or statement of non-opposition to the motions and show cause why sanctions should

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not be impose for failure to timely file response to the pending motions. ECF No. 33. Thereafter,

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defendant Brandon Olivera filed a motion to strike pursuant to Rule 12(f) and to dismiss the
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complaint pursuant to Rule 12(b)(6), which he noticed for hearing on November 22, 2017. ECF

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No. 34.

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On November 7, 2017, instead of filing a response to defendants’ motions and the court’s

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order to show cause, plaintiffs Heidi Grossman-Lepp, Charles Edward Lepp, and Aaron

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O’Connor filed a request for an extension of time to respond to defendants’ motions. ECF No.

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35. Plaintiffs claim that additional time is needed to sufficiently and accurately address

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defendants’ motions. In light of their pro se status, plaintiffs’ request is granted.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiffs’ request for an extension of time to respond to defendants’ motions (ECF No.

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35) is granted.

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2. The hearing defendants Yuba County, Strang, Ajax, and Vroman and Olivera’s

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motions to dismiss and/or strike (ECF No. 23, 24, 26, 34) and plaintiffs’ motions for injunctive

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relief (ECF No. 11, 12) is continued to January 10, 2018 at 10:00 a.m. in Courtroom No. 8.

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3. Plaintiffs shall show cause, in writing, no later than December 20, 2017, why sanctions

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should not be imposed for failure to timely file an opposition or a statement of non-opposition to

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defendants Yuba County, Strang, Ajax, and Vroman’s motions.

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4. Plaintiffs shall file an opposition to the pending motions, or a statement of nonopposition thereto, no later than December 20, 2017.

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5. Failure to file an opposition to the motions will be deemed a statement of non-

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opposition thereto, and may result in a recommendation that defendants’ motions be granted

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and/or the action be dismissed for lack of prosecution and/or for failure to comply with court

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orders and this court’s Local Rules. See Fed. R. Civ. P. 41(b).

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6. Defendants may file a reply to plaintiffs’ opposition, if any, on or before January 3,

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2018.

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DATED: November 14, 2017.

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