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Moore v. County of Kern

November 30, 2009

JAMES W. MOORE, JR., A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, ALICIA MOORE, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST OF JAMES W. MOORE, DECEASED, ET. AL, PLAINTIFFS,
v.
COUNTY OF KERN, ET. AL, DEFENDANTS.



The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

AND RELATED CROSS-CLAIMS

ORDER ALTERING BRIEFING SCHEDULE and VACATING THE JANUARY 4, 2010 HEARING DATE

On October 30, 2009, the Magistrate Judge issued findings and recommendations ("F&R's") in which she recommended that a settlement between minor Plaintiff James W. Moore, Jr. and Defendants be approved. See Court's Docket Doc. No. 227. No party objected to the F&R's in the time prescribed by the F&R. In light of the absence of any response by any party, the Court adopted the F&R's on November 18, 2009. See id. at Doc. No. 228. On November 20, 2009, counsel for James W. Moore, Jr. filed a motion for relief from the order adopting the F&R's. See id. at Doc. No. 229. The motion states that there is a $10,000.00 mathematical error. See id. Specifically, Plaintiff's counsel states that $72,906.66, instead of $82,906.66, should be placed in an insured blocked account. See id.; cf. Doc. No. 227 at p. 5:4-5. Plaintiff prays that the Court make this single change to the order adopting the F&R's.

Hearing on Plaintiff's motion for relief is set for January 4, 2010. In light of the nature of the motion and the relief requested, the Court believes that an shortened briefing schedule and a vacation of the January 4, 2010 hearing date is appropriate.

Accordingly, IT IS HEREBY ORDERED that:

1. All Defendants must file either an opposition or notice of non-opposition to Plaintiff's motion on or by December 9, 2009;

2. Plaintiff may file a reply to any opposition on or by December 14, 2009; and

3. The January 4, 2010, hearing date is VACATED.*fn1

IT IS SO ...


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