Johnson v. Alameda County Medical Center et al

Filing 54

ORDER DIRECTING PLAINTIFF TO FILE AN OPPOSITION. Signed by Judge Claudia Wilken on 5/29/09. (cwlc2, COURT STAFF) (Filed on 5/29/2009)

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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 It is not clear why Defendants have filed two separate motions. In their motion for summary judgment, they argue that there is no evidence to support the claims against them. In their motion for judgment on the pleadings, they argue that the complaint contains no allegations to support the claims against them. The grounds for the latter motion are more appropriately raised at the beginning of litigation, and this motion is subsumed in the motion for summary judgment. 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 07-3395 CW ORDER DIRECTING PLAINTIFF TO FILE AN OPPOSITION LINDA JOHNSON, by and through her Conservator, Sharon Toth, Plaintiff, v. ALAMEDA COUNTY MEDICAL CENTER; SCOTT ZELLER, M.D.; KURT BIEHL, M.D.; JEANETTE COTANCHE, R.N.; LEONI ALFONSO, R.N.; MADELYNE MARKLE, R.N.; AND CEDRICK FROWNER, Defendants. / Defendants have moved for summary judgment and judgment on the pleadings.1 Plaintiff did not file an opposition or statement of non-opposition to these motions by May 28, 2009, as she was required to do. Plaintiff shall file an opposition or statement of non-opposition by June 4, 2009 or the case will be dismissed 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 failure to prosecute. Plaintiff's opposition should respond to Defendants' reply should also be both motions in a single brief. contained in a single brief. The hearing scheduled for June 18, Plaintiff's 2009 is hereby continued to June 25, 2009 at 2:00 p.m. counsel is directed to review the Civil Local Rules forthwith. IT IS SO ORDERED. Dated: 5/29/09 CLAUDIA WILKEN United States District Judge 2

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