Morrow v. City of Oakland et al

Filing 21

ORDER (1) GRANTING 20 Defendants' Motion to Adjust Briefing Schedule and (2) CONTINUING Hearing on 12 Defendants' Motion to Dismiss. See order for details. Plaintiff's opposition is now due by 1/3/2012. Defendants' reply is now due by 1/10/2012. Motion hearing now set for 2/2/2012. Signed by Judge Laurel Beeler on 12/23/2011. (lblc2, COURT STAFF) (Filed on 12/23/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division
FRANK MORROW,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 11-02351 LB
Plaintiff(s),

v.
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CITY OF OAKLAND,
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ORDER GRANTING DEFENDANTS’
MOTION TO ADJUST BRIEFING
SCHEDULE AND CONTINUING
HEARING ON DEFENDANTS’
MOTION TO DISMISS

Defendant(s).
_____________________________________/
On December 5, 2011, Defendants filed a motion to dismiss Plaintiff’s complaint. Motion to

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Dismiss, ECF No. 12.1 The motion was noticed for hearing before the undersigned on January 19,

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2011. No proof of service was filed demonstrating that Defendants served the motion on Plaintiff,

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who is proceeding pro se.

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On December 15, 2011, Defendants filed an administrative motion adjust the briefing schedule

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with respect to their motion to dismiss. Motion, ECF No. 20. The reason for this request is that they

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had trouble serving Plaintiff with the motion, but they have done so now. Accordingly, they request

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that Plaintiff have until December 27, 2011 to file an opposition to the motion to dismiss, and that

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they have until January 3, 2011 to file a reply to Plaintiff’s opposition.

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In light of the difficulties serving Defendant, the court believes that good cause exists to adjust

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the briefing deadlines and to continue the motion hearing. Plaintiff may file any opposition to the

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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page
number at the top of the document, not the pages at the bottom.
C 11-02351 LB

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motion to dismiss by January 3, 2012, and Defendants may file any reply to Plaintiff’s opposition by

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January 10, 2012. The hearing on Defendants’ motion is continued to February 2, 2012 at 11:00

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a.m.

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This disposes of ECF No. 20.

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IT IS SO ORDERED.

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Dated: December 23, 2011
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 11-02351 LB

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