Merritt et al v. Mckenney et al

Filing 44

ORDER SETTING BRIEFING SCHEDULE AND HEARING ON 19 Motion for Leave to File Second Amended Complaint; 42 First MOTION to Appoint Counsel For Plaintiff Pacheco-Starks; 17 MOTION to Dismiss ; and 14 MOTION to Dismiss. Motion Hearing set for 8/30/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on July 9, 2013. (jswlc3, COURT STAFF) (Filed on 7/9/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SALMA MERRITT, ET AL,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 13-01391 JSW

v.

ORDER SETTING BRIEFING
SCHEDULE AND HEARING
DATE ON PENDING MOTIONS

KEVIN E. MCKENNEY, ET AL,
Defendant.
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On June 28, 2013, this action was reassigned to the undersigned Judge.

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Previously, on May 7, 2013, Defendants Kevin E. McKenney, Thomas W. Cain, Mark

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H. Pierce, Socrates P. Manoukian, and Santa Clara County Superior Court (the “Court

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Defendants”) filed a motion to dismiss the First Amended Complaint. (See Docket No. 14.)

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That motion is fully briefed and is scheduled for a hearing on August 30, 2013.

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On May 21, 2013, Defendants Lynn Searle and Michael G. Desmarais (the “Attorney

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Defendants”), filed a motion to dismiss. (Docket No. 17.) It does not appear that Plaintiffs

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have opposed this motion. Although Docket No. 25 states that it is an opposition to Docket No.

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17, the document at Docket No. 25 is actually an opposition to the Court Defendants’ motion to

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dismiss. Accordingly, it is HEREBY ORDERED that Plaintiffs shall file an opposition to the

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Attorney Defendant’s motion by July 23, 2013, and the Attorney Defendants shall file a reply

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by July 30, 2013. The Court shall hear the Attorney Defendants’ motion to dismiss on August

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30, 2013 at 9:00 a.m. in Courtroom 11 of the United States District Court for the Northern

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District of California, 450 Golden Gate Avenue, 19th Floor, San Francisco, California, 94102.

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On May 30, 2013, Plaintiffs filed a Motion for Leave to File a Second Amended

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Complaint, which is fully briefed and ripe for resolution. The Court also shall hear that motion

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on August 30, 2013 at 9:00 a.m. in Courtroom 11 of the United States District Court for the

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Northern District of California, 450 Golden Gate Avenue, 19th Floor, San Francisco, California,

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94102.

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Finally, On July 2, 2013, Plaintiffs filed a Motion to Appoint Counsel for Disabled

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Plaintiff Beatrice Pacheco-Sparks. (Docket No. 42.) Plaintiffs noticed that motion for August

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9, 2013. However, that date is not an available date for motions. Accordingly, the Court shall

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hear the motion to appoint counsel on August 30, 2013, at 9:00 a.m. in Courtroom 11 of the
United States District Court for the Northern District of California, 450 Golden Gate Avenue,

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For the Northern District of California

United States District Court

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19th Floor, San Francisco, California, 94102. The briefing schedule triggered by the filing of

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the motion remains unchanged.

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If the Court finds any of the motions suitable for disposition without oral argument, it

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shall notify the parties in advance of the hearing date. If any party seeks to modify the briefing

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schedules imposed by this Order or to change the hearing date, that party must submit a request

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to the Court that demonstrates good cause for any proposed modification.

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Finally, the Court HEREBY ADVISES Plaintiffs that the Handbook for Pro Se

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Litigants, contains helpful information about proceeding without an attorney, is available

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through the Court’s website or in the Clerk’s office. The Court also advises Plaintiffs that they

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also may wish to seek assistance from the Legal Help Center. Plaintiffs may call the Legal

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Help Center at 415-782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse,

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Room 2796, for a free appointment with an attorney who may be able to provide basic legal

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help, but not legal representation.

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IT IS SO ORDERED.
Dated: July 9, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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