Loumena v. Nichols et al

Filing 46

ORDER SETTING SCHEDULE ON DEFENDANT HAMMON'S MOTION TO DISMISS. Signed by Judge Beth Labson Freeman on 9/1/2015. (blflc3S, COURT STAFF) (Filed on 9/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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M. L.,

Case No. 15-cv-02303-BLF
Plaintiff,

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v.

United States District Court
Northern District of California

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LESLIE NICHOLS, et al.,
Defendants.

ORDER SETTING SCHEDULE ON
DEFENDANT HAMMON'S MOTION
TO DISMISS
[Re: ECF 33]

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On August 31, 2015, Defendant Hammon filed a motion to dismiss. ECF 33. Under the

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Civil Local Rules, Plaintiff’s opposition would be due by September 14, 2015 and Defendant’s

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reply would be due by September 21, 2015. Plaintiff is a minor who is represented by a guardian

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ad litem for purposes of this lawsuit. ECF 26. However, Plaintiff and his guardian ad litem have

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not yet retained counsel to represent Plaintiff. The Court has ordered Plaintiff and his guardian ad

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litem to retain a lawyer and have the lawyer make an appearance in this case by September 21,

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2015. ECF 26, 30.

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Accordingly, the Court modifies the briefing schedule for Defendant Hammon’s motion to

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dismiss. The opposition to Defendant Hammon’s motion to dismiss will be due by October 5,

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2015 and may only be filed by an attorney representing Plaintiff. The reply to Defendant

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Hammon’s motion to dismiss will be due by October 12, 2015. The hearing on Defendant

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Hammon’s motion to dismiss will be on December 10, 2015 at 9 a.m. The Court notes that the

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preceding schedule will only apply if Plaintiff retains counsel by September 21, 2015.

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The Court reminds Plaintiff’s guardian ad litem, Jack Loumena, that an attorney retained

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by him must file a notice of appearance on or before September 21, 2015 and Jack Loumena is

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forewarned that, if no lawyer makes an appearance in this case on Plaintiff’s behalf by that date,

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then the Court may dismiss the case in its entirety without prejudice.

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IT IS SO ORDERED.
Dated: September 1, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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