Langenderfer v. Miller et al

Filing 31

ORDER DIRECTING SERVICE AND SETTING NEW BRIEFING SCHEDULE. Signed by Judge Haywood S. Gilliam, Jr. on 1/29/2025. Set/Reset Deadlines as to: Responses due by 3/3/2025 Replies due by 3/17/2025(ndr, COURT STAFF) (Filed on 1/29/2025)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THOMAS LANGENDERFER, Plaintiff, 8 United States District Court Northern District of California 9 v. 10 ROGER A. MILLER, et al., 11 Defendants. Case No. 24-cv-06526-HSG ORDER DIRECTING SERVICE AND SETTING NEW BRIEFING SCHEDULE 12 13 Pro se Plaintiff Geronimo Thomas Langenderfer initially filed this case in September 2024. 14 Dkt. No. 1. Defendants Thomas J. Madden and Roger A. Miller filed a motion to dismiss on 15 November 26, 2024, arguing that the Court lacks subject matter jurisdiction over this case. Dkt. 16 No. 13. Plaintiff’s opposition to the motion was due by December 10, but he never filed a 17 response. The Court then issued an order to show cause why the motion should not be granted and 18 the case dismissed based on Plaintiff’s failure to respond. See Dkt. No. 23. Again, Plaintiff did 19 not file a response by the court-imposed deadline. Since then, however, the filings that the Court 20 mailed to Plaintiff have been returned as undeliverable. See, e.g., Dkt. Nos. 24–26, 27–29. It has 21 come to the Court’s attention that Plaintiff had the wrong address on file, and he has since filed a 22 notice of change of address. See Dkt. No. 30. 23 24 The Court therefore DISCHARGES the ORDER TO SHOW CAUSE, Dkt. No. 23, and DIRECTS the Clerk to re-send the following documents to Plaintiff’s new mailing address: 25 26 • Clerk’s Notice of Impending Reassignment. Dkt. No. 16. 27 • Order Reassigning Case. Dkt. No. 17. 28 • Clerk’s Notice Setting a Case Management Conference. Dkt. No. 18. 1 • Corrected Clerk’s Notice Setting a Case Management Conference. Dkt. No. 19. 2 • Clerk’s Notice Vacating Case Management Conference. Dkt. No. 22. 3 • Order to Show Cause. Dkt. No. 23. 4 Defendants are similarly DIRECTED to re-serve the motion to dismiss, Dkt. No. 13, and 5 6 all supporting documents, Dkt. Nos. 14–15, on Plaintiff at his updated address by January 31, 7 2025. The Court RESETS the briefing schedule on the motion to dismiss as follows: 8 9 • Plaintiff’s opposition to the motion to dismiss is due by March 3, 2025. 10 • Defendants’ reply is due by March 17, 2025. United States District Court Northern District of California 11 12 Once the briefing is complete, the motion to dismiss will be deemed submitted and no hearing will 13 be held, unless otherwise ordered by the Court. IT IS SO ORDERED. 14 15 16 17 Dated: 1/29/2025 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2

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