Toribio-Ruiz v. Baca et al

Filing 53

MINUTE ORDER Defendants' ECF No. 51 Reply (construed as a motion to withdraw) is GRANTED. Defendants' motion for leave to file the motion for summary judgment under seal (ECF No. 44 ) is DEEMED WITHDRAWN. Plaintiff's motion to strike (ECF No. 49 ) is DENIED as moot. Additionally, the Clerk of the Court shall send Plaintiff a courtesy copy of the motion for summary judgment and accompanying exhibits (ECF Nos. 45 , 47 ).(Copies mailed to P 12/11/2019.) Plaintiff shall have 21 days from the date of this Minute Order (12/31/2019) to file an opposition to the motion for summary judgment (ECF No. 45 ), and a reply is due 14 days after the filing of the opposition. Signed by Magistrate Judge Carla Baldwin on 12/10/2019. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

HERIBERTO TORIBIO-RUIZ,

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Plaintiff,
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vs.
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ISIDRO BACA, et al.,
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Defendants.
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________________________________ )

3:17-CV-00674-MMD-CLB
MINUTES OF THE COURT
December 10, 2019

PRESENT: THE HONORABLE CARLA BALDWIN, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
On October 16, 2019, Defendants filed a motion for summary judgment (ECF No.
45) and a motion for leave to file the motion for summary judgment under seal (ECF No.
44). After Plaintiff filed a motion to strike (ECF No. 49) and an objection to the sealing of
the motion for summary judgment (ECF No. 50), Defendants filed a reply, which the court
construes as a motion to withdraw the motion to seal (ECF No. 51). The court will grant
the motion to withdraw, but also reminds Defendants that motions to seal an entire
document are improper, except in the most extreme circumstances. When a plaintiff files a
lawsuit based upon medical issues, those issues are a matter of public record.
Accordingly, IT IS ORDERED that Defendants’ motion to withdraw (ECF No. 51) is
GRANTED. Defendants’ motion for leave to file the motion for summary judgment under
seal (ECF No. 44) is DEEMED WITHDRAWN. Plaintiff’s motion to strike (ECF No. 49) is
DENIED as moot. Additionally, the Clerk of the Court shall send Plaintiff a courtesy copy of
the motion for summary judgment and accompanying exhibits (ECF Nos. 45, 47). Plaintiff
shall have 21 days from the date of this Minute Order to file an opposition to the motion for
summary judgment, and a reply is due 14 days after the filing of the opposition.
IT IS SO ORDERED.
DEBRA K. KEMPI, CLERK
By:

/s/
Deputy Clerk