McElhone v. Sebelius

Filing 19

ORDER SETTING NEW BRIEFING SCHEDULE (whalc3, COURT STAFF) (Filed on 9/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California

United States District Court

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THEODORE MCELHONE,

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No. C 12-06090 WHA

Plaintiff,
v.

ORDER SETTING NEW
BRIEFING SCHEDULE

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KATHLEEN SEBELIUS,

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Defendant.

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/
Having reviewed the case file, the Court notes that the answer to the complaint was filed

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on June 4, 2013. Pursuant to Civil Local Rule 16-5, plaintiff should have filed a motion for

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summary judgment within 30 days. However, the Court notes that there might be confusion

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relating to deadlines because of service issues.

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Thus, plaintiff’s deadline to file his summary judgment motion is hereby extended to

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OCTOBER 8, 2013, AT NOON. If no motion is filed by this date, the case shall be dismissed for

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failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

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After plaintiff files his summary judgment motion, defendant will then have twenty-eight
days to file an opposition. Plaintiff should be aware that he may respond with a reply brief

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within fourteen days of defendant’s opposition. The matter will then be deemed submitted for

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consideration without oral argument. Plaintiff is advised to seek legal representation to

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help him during this process.

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IT IS SO ORDERED.

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Dated: September 3, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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G:\WHAALL\2012Civ\12-06090 McElhone\Order Granting Extension of time.wpd
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