Stein v. Woods et al

Filing 31

ORDER ON PENDING MOTIONS. Signed by Judge JEFFREY S. WHITE on 10/18/11. (jjoS, COURT STAFF) (Filed on 10/18/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DALE STEIN,

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Plaintiff,
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v.
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G. WOODS; DR. ARTHUR F. MAJOR; )
DR. R. NORTON; STANLAKE K. YE; )
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G. ELLIS; N. WARREN,
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Defendants.
_________________________________ )

No. C 11-1243 JSW (PR)
ORDER ON PENDING MOTIONS

(Docket Nos. 13, 14)

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Plaintiff, a California prisoner proceeding pro se, filed this rights action pursuant

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to 42 U.S.C. § 1983 against various prison officials for inadequate dental care. Plaintiff

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has filed a request for a clarification as to whether the Court’s prior order limiting him to

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15 interrogatories was 15 interrogatories per defendant or 15 interrogatories in total. The

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answer is 15 interrogatories in total.

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Plaintiff has filed a motion for summary judgment (docket number 13), which is

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DENIED because he did not serve it upon defendants. Plaintiff may file the motion

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again or he may simply raise the arguments raised therein when he opposes the motion

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for summary judgment that defendants intend to file, but he must serve any paper he files

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upon defendants if he wishes to have it considered. Plaintiff has also filed a motion to

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deny defendants request for qualified immunity. In their motion for a protective order,

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defendants indicate that they intend to argue for qualified immunity in a future motion.

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When and if they do, the Court will consider Plaintiff’s arguments against such a

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defense. As they have yet to plead or assert such a defense in any motion, however,

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Plaintiff’s motion (docket number 14) is DENIED as premature.

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IT IS SO ORDERED.
DATED: October 18, 2011

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JEFFREY S. WHITE
United States District Judge

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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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DALE RICHARD STEIN,

Case Number: CV11-01243 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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G WOODS et al,

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Defendant.

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on October 18, 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 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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Dale R. Stein
S.V.S.P.
P.O. Box 1050
J82424
Soledad, CA 93960

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Dated: October 18, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk