Steinhart v. Barkela et al

Filing 106

ORDER re Additional Briefing and Vacating the June 25, 2013 Hearing. Attachment to June 13, 2013 filing. Signed by Judge Elizabeth D Laporte on 6/13/2013. (knm, COURT STAFF) (Filed on 6/18/2013)

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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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SALLY STEINHART,

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Plaintiff,

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No. C -11-03497 EDL
ORDER REGARDING ADDITIONAL
BRIEFING AND VACATING JUNE 25,
2013 HEARING

v.
JOSEPH BARKELA, et al.,
Defendants.

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On May 16, 2013, the Barkela Defendants filed a Motion for Order Declaring Plaintiff a
Vexatious Litigant. On May 31, 2013, Plaintiff opposed the Motion. The Barkela Defendants did
not file a reply. The Court requires some additional information in order to rule on the Barkela
Defendants’ Motion. Accordingly, no later than June 21, 2013, the Barkela Defendants shall file a
declaration and any appropriate supporting evidence containing a list of the state and federal cases
that Defendants believe support a finding that Plaintiff is a vexatious litigant. See De Long v.
Hennessey, 912 F.2d 1144, 1147 (9th Cir. 1990) (stating that one of the factors for the court to
consider in ruling on a motion to declare a party to be a vexatious litigant is whether there is an
adequate record for review, which should include a listing of all cases and motions that led the court
to conclude that a vexatious litigant order is needed). To the extent possible, the declaration and
supporting evidence should contain relevant information about the cases, including all of the parties’
names, what issues were raised and the outcomes of the cases. The information in the declaration
should be judicially noticeable and/or otherwise admissible. Plaintiff may file a response of no more

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than five pages no later than June 28, 2013.
The June 25, 2013 hearing is vacated. The Court will inform the parties if a hearing is
necessary.
IT IS SO ORDERED.
Dated: June 13, 2013
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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United States District Court
For the Northern District of California

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