Harris v. Bueno et al

Filing 58

ORDER setting Supplemental Briefing Schedule. If Mr. Bhandari wants to file a supplemental reply to Defendants' opposition, he must do so on or before December 9, 2011. If Mr. Bhandari does file a supplemental reply, Defendants may file a sur-reply on or before December 16, 2011. Signed by Magistrate Judge Barbara Lynn Major on 12/2/11.(ecs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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WILLIE L. HARRIS,
v.

Plaintiff,

A. BUENO; B. BLIGH; CITY OF SAN
DIEGO,
Defendants.

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Case No. 10cv450-BTM (BLM)
ORDER SETTING SUPPLEMENTAL
BRIEFING SCHEDULE

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On August 18, 2011, Plaintiff filed a Motion for Protective Order seeking a protective order

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pursuant to Rules 26(c), 30(d)(3), and 30(d)(4) of the Federal Rules of Civil Procedure barring

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Defendants’ counsel from further deposing him and seeking sanctions against Defendants. See

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ECF No. 42 at 2 & 4. The Court issued a briefing schedule on August 26, 2011 requiring

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Defendants to respond to Plaintiff’s motion on or before September 9, 2011 and Plaintiff to reply

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on or before September 23, 2011. See ECF No. 44. Defendants filed a timely opposition to

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Plaintiff’s motion on September 9, 2011 and attempted to serve a copy of the opposition (by

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mail) on Plaintiff that same date. See ECF Nos. 46 & 48. On September 19, 2011, the envelope

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that Defendants mailed to Plaintiff containing a copy of the opposition was returned to them by

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the United States Postal Service and stamped “Return to Sender.” See ECF No. 48 at 2.

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Defendants resent the opposition on September 20, 2011 and it was not returned to them. Id.

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Because Plaintiff did not receive Defendants’ opposition early enough to file a timely reply, the
10cv450-BTM (BLM)

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Court extended Plaintiff’s deadline to reply to Defendants’ opposition to October 14, 2011. See

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ECF No. 49. On October 25, 2011, the Court appointed Sanjay Bhandari, Esq. as pro bono

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counsel for Plaintiff, and on October 26, 2011, Plaintiff filed a reply to Defendants’ opposition.

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See ECF Nos. 51 at 2 & 53. Mr. Bhandari filed a notice of substitution of counsel on November

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28, 2011. See ECF No. 57.

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If Mr. Bhandari wants to file a supplemental reply to Defendants’ opposition, he must do

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so on or before December 9, 2011. If Mr. Bhandari does file a supplemental reply, Defendants

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may file a sur-reply on or before December 16, 2011. Upon completion of briefing, the Court

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will take the matter under submission pursuant to Civil Local Rule 7.1(d)(1) and no personal

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appearances will be required.

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IT IS SO ORDERED.

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DATED: December 2, 2011

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BARBARA L. MAJOR
United States Magistrate Judge

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10cv450-BTM (BLM)