Henson v. Astrew

Filing 21

ORDER to Respond to 19 MOTION for Summary Judgment and/or MOTION to Dismiss for Lack of Prosecution filed by Michael Astrew. Signed by Judge Nandor J. Vadas on 3/31/2016. (njvlc2, COURT STAFF) (Filed on 3/31/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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NOELLE K. HENSON,

Case No. 15-cv-03205-NJV

Plaintiff,
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v.

ORDER TO RESPOND

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MICHAEL ASTREW,
Defendant.

United States District Court
Northern District of California

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Plaintiff filed this action on July 10, 2015. Defendant’s Answer was filed on November

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23, 2015 and the Administrative Transcript was filed November 30, 2015. Pursuant to the

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Procedural Order in this case, Plaintiff was to serve and file a motion for summary judgment or for

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remand within 30 days of service of the answer. (Doc. 3) at 1. Plaintiff did not file a motion. On

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January 12, 2016, Plaintiff filed a Notice of Change of Address. In response, Defendant resent a

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copy of the Administrative Transcript and Answer to Plaintiff’s new address. See (Docs. 17 &

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18). Plaintiff still failed to file a motion. On March 1, 2016, Defendant filed a Motion for

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Summary Judgment and a Motion to Dismiss for Lack of Prosecution. Plaintiff has failed to

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timely respond to either of these Motions.

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Accordingly, it is ORDERED that Plaintiff shall, on or before April 15, 2016, respond to

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the Motion for Summary Judgment. Failure to Respond will result in the court taking

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Defendant’s Motion as unopposed.

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IT IS SO ORDERED.
Dated: March 31, 2016
______________________________________
NANDOR J. VADAS
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NOELLE K. HENSON,

Case No. 15-cv-03205-NJV

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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MICHAEL ASTREW,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee of the U.S. District Court,
Northern District of California.

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That on March 31, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Noelle K. Henson
101 North Franklin Street
Fort Bragg, CA 95437

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Dated: March 31, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Robert Illman, Clerk to the
Honorable NANDOR J. VADAS
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