Moss v. Cullen et al

Filing 46

ORDER SETTING SCHEDULE FOR MOTION TO DISMISS. Signed by Judge William H. Orrick on 02/18/2014. The Court ORDERS that Mr. Moss file a response to themotion to dismiss no later than April 23, 2014. Defendants may reply by April 30, 2014. A hearing on the motion to dismiss is set for May 14, 2014 at 2 p.m. in Courtroom 2. In all other respects, the stay of discovery and motion practice remains in effect. If plaintiff fails to file a timely response, the Court will issue an Order to Show Cause Re: Dismissal. (jmdS, COURT STAFF) (Filed on 2/18/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERIC MOSS,

Case No. 11-cv-04706-WHO
Plaintiff,

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v.

ORDER SETTING SCHEDULE FOR
MOTION TO DISMISS

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R. DIXON, et al.,

Re: Dkt. No. 42

Defendants.

United States District Court
Northern District of California

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On February 18, 2014, the Court conducted a Case Management Conference. Erin Ganahl
appeared for defendants. Eric Moss, who is in pro per, did not appear.

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Mr. Moss’s former counsel withdrew because he was being suspended from practice by the

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State Bar of California. In the Order Regarding Substitution of Counsel and Stay filed on January

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7, 2014, the Court entered a stay of discovery and motion practice through February 18, 2014, set

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a Case Management Conference for the same date at 2 p.m., and gave Mr. Moss permission to

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appear by telephone if was still unrepresented. Neither the Court nor counsel for defendants has

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heard from Mr. Moss regarding the Case Management Conference.

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This case has been pending since September 21, 2011. Defendants filed a motion to

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dismiss on September 12, 2013, Dkt. 26, and have stipulated to various extensions. Further delay

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is not appropriate, absent good cause. The Court ORDERS that Mr. Moss file a response to the

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motion to dismiss no later than April 23, 2014. Defendants may reply by April 30, 2014. A

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hearing on the motion to dismiss is set for May 14, 2014 at 2 p.m. in Courtroom 2. In all other

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respects, the stay of discovery and motion practice remains in effect. If plaintiff fails to file a

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timely response, the Court will issue an Order to Show Cause Re: Dismissal.

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If Mr. Moss wishes to speak with the Court about this schedule or his progress in finding

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counsel, he may call the Courtroom Deputy, Jean Davis at 415-522-2077 and request a status

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conference with the Court and defendants’ counsel.

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Mr. Moss may also wish to seek the assistance of the Legal Help Center to help prepare his

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case. The Legal Help Center can be reached at 415-782-8982 and is located on the 15th Floor,

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Room 2796, of the courthouse at 450 Golden Gate Avenue in San Francisco.

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IT IS SO ORDERED.
Dated: February 18, 2014
______________________________________
WILLIAM H. ORRICK
United States District Judge

United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ERIC MOSS,

Case Number: CV11-04706 WHO
Plaintiff,

CERTIFICATE OF SERVICE

v.
LT. D. FOOTMAN,
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 February 18, 2014, I SERVED a true and correct copy of the attached, by placing said
copy in a postage paid envelope addressed to the person hereinafter listed, by depositing said
envelope in the U.S. Mail.

Eric Moss
2500 Seamist Dr., Apt. 7
Sacramento, CA 95833

Dated: February 18, 2014
Richard W. Wieking, Clerk
By: Jean Davis, Deputy Clerk