Gorham v. Hedgthpeth et al

Filing 46

ORDER SETTING BRIEFING SCHEDULE. 38 MOTION for Summary Judgment construed as renewal of motion for default judgment is DENIED. Defendants shall file a Dispositive Motion by 7/17/2014. Plaintiff's opposition shall be filed within 45 days of the filing of the motion. Defendants shall file a reply, if any, within 15 days of the filing of the opposition. Signed by Judge William H. Orrick on 04/02/2014. (jmdS, COURT STAFF) (Filed on 4/2/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARTIS E. GORHAM,

Case No. 12-cv-00890-WHO (PR)

United States District Court
Northern District of California

Plaintiff,
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v.

ORDER SETTING BRIEFING
SCHEDULE

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A. SOLIS, et al.,
Defendants.

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The Court vacated the previous briefing schedule because another defendant had to

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be served. Service having been accomplished, the Court sets the following briefing

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schedule.

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On July 17, 2014, defendants shall file a dispositive motion, or notice regarding

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such motion, in response to the amended complaint, and in conformity with the order of

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service (Docket No. 20). Plaintiff Gorham's opposition to such motion, if any, shall be

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filed within forty-five days after defendants have filed their motion. Defendants shall file

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a reply, if any, within fifteen days of the opposition being filed. Defendants are to

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adhere to the notice provisions detailed in Sections 2.a and 10 of the order of service

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(Docket No. 20). The motion shall be deemed submitted as of the date the reply brief is

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due. No hearing will be held on the motion unless the Court so orders at a later date.

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All communications by Gorham with the Court must be served on defendants, or

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defendants’ counsel once counsel has been designated, by mailing a true copy of the

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document to defendants or defendants’ counsel.

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Discovery may be taken in accordance with the Federal Rules of Civil Procedure.

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No further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16-1

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is required before the parties may conduct discovery.

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It is Gorham's responsibility to prosecute this case. He must keep the court

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informed of any change of address and must comply with the Court’s orders in a timely

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fashion. Failure to do so may result in the dismissal of this action for failure to prosecute

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United States District Court
Northern District of California

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pursuant to Federal Rule of Civil Procedure 41(b).
Extensions of time must be filed no later than the deadline sought to be extended
and must be accompanied by a showing of good cause.
Gorham's motion for summary judgment (Docket No. 38), which the Court
construes as a renewal of his motion for default judgment, is DENIED.

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The Clerk shall terminate Docket No. 38.

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IT IS SO ORDERED.

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Dated: April 2, 2014
_________________________
WILLIAM H. ORRICK
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ARTIS E GORHAM JR,

Case Number: CV12-00890 WHO

Plaintiff,

CERTIFICATE OF SERVICE

v.
A SOLIS, et al,
Defendant.

/

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 April 2, 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.

Artis E. Gorham D-40352
Salinas Valley State Prison
FAC B3-121 Low
P.O. Box 1050; B3 121 Low
Soledad, CA 93960-1050

Dated: April 2, 2014
Richard W. Wieking, Clerk
By: Jean Davis, Deputy Clerk