Huynh v. United States Postal Service et al

Filing 32

ORDER TAKING 27 MOTION TO DISMISS UNDER SUBMISSION ON THE PAPERS AND SETTING BRIEFING SCHEDULE. Responses due by 11/15/2011. Replies due by 11/22/2011. Signed by Judge Claudia Wilken on 10/24/2011. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 10/24/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PHU G. HUYNH,

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Plaintiff,

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v.

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UNITED STATES POSTAL SERVICE and
PATRICK R. DONAHOE, Postmaster
General,

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ORDER TAKING
MOTION TO DISMISS
UNDER SUBMISSION
ON THE PAPERS AND
SETTING BRIEFING
SCHEDULE
(Docket No. 27)

Defendants.

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United States District Court
For the Northern District of California

No. C 11-3195 CW

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On October 18, 2011, the Court issued an order referring pro

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se Plaintiff Phu G. Huynh to the Federal Legal Help Center (FLHC)

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and directed the FLHC to make efforts to find counsel for the

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limited purpose of assisting Plaintiff with court-connected

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mediation.

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locate counsel within thirty days, the ADR unit would set the case

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for court-connected mediation within ninety days, and that if FLHC

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was unable to locate counsel within thirty days, the case would be

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referred to a Magistrate Judge for a settlement conference within

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ninety days thereafter.

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The Court further ordered that, if FLHC was able to

On October 18, 2011, Defendant Patrick Donahoe filed a motion

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to dismiss and noticed a hearing on the matter for December 1,

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2011.

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schedule for the motion to dismiss, and establishes the following

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schedule:

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The Court hereby vacates the current briefing and hearing

Plaintiff shall file his opposition to the motion to dismiss
within twenty-eight days after the motion was filed, that is, by

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Tuesday, November 15.

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the motion to dismiss by that date, this case will be dismissed

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for failure to prosecute.

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If Plaintiff fails to file an opposition to

Defendant shall his reply, if any, to Plaintiff’s opposition
by Tuesday, November 22, 2011.
The Court will decide the motion to dismiss on the papers,

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after the court-connected mediation or settlement conference

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discussed above takes place.

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: 10/24/2011

CLAUDIA WILKEN
United States District Judge

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