Ashker v. Alameida et al

Filing 362

ORDER re 316 FOR PLAINTIFF TO FILE OPPOSITION TO DEFENDANTS REQUEST FOR JUDICIAL NOTICE. Signed by Judge Claudia Wilken on 4/29/09. (scc, COURT STAFF) (Filed on 4/29/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. MICHAEL C. SAYRE, et al., Defendants. / TODD A. ASHKER, Plaintiff, No. C 05-3759 CW ORDER FOR PLAINTIFF TO FILE OPPOSITION TO DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

This case is scheduled to go to trial on May 11, 2009. Plaintiff is an inmate at Pelican Bay State Prison (PBSP). On

April 10, 2009, Defendants filed a request for the Court to take judicial notice of two documents regarding Plaintiff's witness Dr. Everett D. Allen. These documents are (1) a March 13, 2009

Decision after Non-Adoption by Dr. Shelton Duruisseau following hearing by Administrative Law Judge Ruth S. Astle and (2) a March 23, 2009 certificate of disciplinary action taken by the Medical Board of California's discipline Coordination Unit against Dr. Allen. To date, Plaintiff has not filed an opposition to Defendants' request. If Plaintiff opposes this request, he is to file an If he

opposition within five days from the date of this order.

does not file an opposition within this time, the request for

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

judicial notice may be granted.

IT IS SO ORDERED 4/29/09 Dated CLAUDIA WILKEN United States District Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Todd A. Ashker C58191 Pelican Bay State Prison Box 7500 D1-119 Crescent City, CA 95532 Dated: April 29, 2009 ASHKER, Plaintiff, v. ALAMEIDA ET AL et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV05-03759 CW CERTIFICATE OF SERVICE

/

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 29, 2009, I SERVED a true and correct copy(ies) of the Order Denying Defendants Motion for Pretrial Conference and Responding to Questions (Doc. # 351), by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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