Ashker v. Alameida et al

Filing 367

ORDER FOR PLAINTIFF TO FILE OPPOSITION TO DEFENDANTS ARGUMENT THAT DEFENDANT MCLEAN SHOULD BE DISMISSED FROM THIS ACTION. Signed by Judge Claudia Wilken on 5/1/09. (scc, COURT STAFF) (Filed on 5/1/2009)

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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 v. MICHAEL C. SAYRE, et al., Defendants. / TODD L. ASHKER, Plaintiff, No. C 05-03759 CW ORDER FOR PLAINTIFF TO FILE OPPOSITION TO DEFENDANTS' ARGUMENT THAT DEFENDANT MCLEAN SHOULD BE DISMISSED FROM THIS ACTION 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's claim for breach of the 2002 settlement agreement is brought against Dr. Michael C. Sayre, Maureen McLean and Matthew Cate, Director of the California Department of Corrections and Rehabilitation (CDCR). Both parties agree that only the breach of Defendants argue that contract claim remains against Ms. McLean. because the CDCR and Plaintiff were the only parties to the 2002 settlement agreement, Mr. Cate, director of the CDCR, is the only proper defendant for the contract claim. Thus, Defendants argue that this claim should be dismissed against Dr. Sayre and Ms. McLean. Plaintiff has not responded to this argument. Plaintiff is 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 ordered to file his response to this argument within five days from the date of this order. If Plaintiff does not respond within this time frame, the contract claim may be dismissed against Dr. Sayre and Ms. McLean. IT IS SO ORDERED. Dated: 5/1/09 CLAUDIA 2 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: May 1, 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 May 1, 2009, I SERVED a true and correct copy(ies) of the attached, 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 3

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