Dale v. Fernandez et al

Filing 96

ORDER CONTINUING HEARING AND REQUIRING SUPPLEMENTAL BRIEFING as to 85 MOTION for Judgment on the Pleadings. Motion Hearing set for 7/13/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 6/6/12. (jjoS, COURT STAFF) (Filed on 6/6/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DEXTER E. DALE,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 05-01842 JSW

v.

ORDER CONTINUING HEARING
AND REQUIRING
SUPPLEMENTAL BRIEFING

L. FERNANDEZ and L. LOUGH,
Defendants.
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Defendants’ motion for judgment on the pleadings is scheduled for a hearing on June 15,

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2012. The Court HEREBY CONTINUES the hearing on the motion to Friday, July 13, 2012.

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Plaintiff does not clearly respond to Defendants’ argument that his claims are barred because he

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failed to file suit within six months after his Government claim was denied on August 8, 2003.

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Accordingly, by no later than June 13, 2012, Plaintiff shall file a supplemental brief, that shall

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not exceed five pages, showing why the state law claims asserted in the First Amended

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Complaint are not barred by Section 945.6. Defendants may file a supplemental brief in

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response by no later than June 20, 2012, which also shall not exceed five pages.

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If the Court finds the matter suitable for disposition without oral argument, it shall notify
the parties in advance of the hearing date.
IT IS SO ORDERED.
Dated: June 6, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE