Ayala v. Ayers et al

Filing 30

ORDER LIFTING STAY; DISMISSING A DEFENDANT; AND SETTING DEADLINES. Signed by Judge JEFFREY S. WHITE on 12/8/11. (jjoS, COURT STAFF) (Filed on 12/8/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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REYNALDO AYALA,

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Plaintiff,
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v.
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ROBERT AYERS, JR., et al.,
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Defendants.
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_________________________________ )

No. C 10-0979 JSW (PR)
ORDER LIFTING STAY,
DISMISSING A DEFENDANT,
AND SETTING DEADLINES

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This is a pro se section 1983 civil rights action filed by a prisoner at San Quentin

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State Prison. On September 22, 2011, the Court denied the motion to dismiss filed by

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defendants Faria, Wagner, Guthrie, and Schlosser and Hansen, granted the motion for

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summary judgment of defendant Coleman, and referred the case to Magistrate Judge

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Nandor Vadas for mediation. One defendant, Edmonds, had not been served; Plaintiff

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was ordered to provide within thirty days an address at which he could be served. All

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proceedings in the case except those related to the mediation and matters related to the

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service of Edmonds were stayed pending mediation. A motion for leave to file a motion

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to reconsider filed by Defendants was subsequently denied as having been filed in

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violation of the stay.

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Judge Vadas reports that the case did not settle. The stay is LIFTED. Plaintiff has

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not provided an address for Edmonds; the claims against Edmonds are DISMISSED

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without prejudice.

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If Defendants wish to renew their motion for leave to file a motion to reconsider,

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or if Plaintiff wishes to move for appointment of counsel because the case may be tried,

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the deadline for doing so is thirty days from the date this order is entered. An opposition

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or statement of nonopposition to any such motion shall be filed within fourteen days of

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the date the motion is served and filed, and if any party desires to file a reply, it is due

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within seven days of the date the opposition is served and filed.

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IT IS SO ORDERED.
DATED: December 8, 2011

JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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REYNALDO AYALA,

Case Number: CV10-00979 JSW

Plaintiff,

CERTIFICATE OF SERVICE

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v.
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ROBERT AYERS JR et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on December 8, 2011, 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
14 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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17 Reynaldo Ayala
E10000
18 San Quentin State Prison
San Quentin, CA 94974
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Dated: December 8, 2011
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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28 G:\JSWALL\Pro-Se Prisoner\2010\Ayala0979.lift stay.wpd