Howell v. Tran et al

Filing 60

ORDER (Illston, Susan) (Filed on 11/17/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KAREEM J. HOWELL,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-cv-05377-SI
ORDER

v.

Re: Dkt. Nos. 58, 59
C. TRAN, et al.,
Defendants.

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Plaintiff’s opposition to defendants’ new motion for summary judgment was due on

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October 27, 2017. He has sent to the court a letter stating that he was transferred to a new prison

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at about the time he was attempting to file his opposition brief, was required to give that document

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to prison officials to copy and mail, and was unsure if the opposition brief had reached the

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courthouse. Docket Nos. 58, 59. Attached to his letter is a copy of a form on which a prison

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official explained to plaintiff that (a) the document was not mailed because plaintiff had not

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included a signed trust account withdrawal form for postage, and (b) his document would be sent

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to him at his new prison “on the bus.” Docket No. 58 at 5. Plaintiff’s comment at the bottom of

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the form indicates that he did not receive his document at his new prison.

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The court has not received plaintiff’s opposition. The issue arises as to what to do about

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the unfiled opposition. The defendants in this action work at the Santa Clara County Jail and do

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not have any control over plaintiff or ability to find paperwork that has become misplaced in a

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California prison. The court does not want to wait for plaintiff to exhaust his efforts within the

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California prison system to find the paperwork because that could take months and the paperwork

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might never be found. The preferable way to proceed is to grant a further extension of the

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deadline for plaintiff to file his opposition to defendants’ new motion for summary judgment so

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that he may prepare a replacement opposition.

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Accordingly, the court now sets the following new briefing schedule: Plaintiff must file

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and serve on defense counsel his opposition to defendants’ new motion for summary judgment no

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later than January 5, 2018. Defendants must file and serve their reply brief (if any) no later than

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January 19, 2018.

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United States District Court
Northern District of California

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Plaintiff is reminded that he must promptly notify the court and opposing counsel
whenever he is moved to a different prison or has a change of address.
IT IS SO ORDERED.
Dated: November 17, 2017
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SUSAN ILLSTON
United States District Judge

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