Valiavacharska v. Celaya et al

Filing 38

ORDER Re: Plaintiff's Motion to Quash. Signed by Magistrate Judge Jacqueline Scott Corley on 9/6/2011. (ahm, COURT STAFF) (Filed on 9/6/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ZHIVKA VALIAVACHARSKA,
Plaintiff,

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No. C10-4847 JSC
ORDER RE: PLAINTIFF’S MOTION
TO QUASH (Dkt. No. 35)

v.
MITCH CELAYA, MARGOT BENNETT,
Defendants.

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On August 4, 2011, Plaintiff filed a motion to quash a subpoena served by Defendants
on Plaintiff’s mental health provider seeking certain medical and psychiatric records

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pertaining to Plaintiff. (Dkt. No. 35.) Under Local Rule 7-3(a), Defendants’ response was

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due by August 18, 2011, and Plaintiff’s reply was due by August 25, 2011. A hearing on the

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motion was set for September 8, 2011. Defendants, after missing this deadline by weeks,

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orally advised the Court that a notice of non-opposition to the motion to quash was

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forthcoming. Despite both this pronouncement and their disregard of L.R. 7-3 (a),

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Defendants filed a response in opposition to Plaintiff’s motion on September 2, 2011.

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In order to give Plaintiff the opportunity to respond to Defendants’ untimely

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opposition, Plaintiff’s reply, if any, shall be filed by September 16, 2011, and the hearing

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scheduled for September 8, 2011 is continued to September 22, 2011 at 9:00 a.m. in
Courtroom F.

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IT IS SO ORDERED.

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Dated: September 6, 2011
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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United States District Court
For the Northern District of California

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