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Rex Chappell v. Sam Bess

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 1, 2011

REX CHAPPELL, PLAINTIFF,
v.
SAM BESS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Presently pending before the court are the following matters: (1) the motion of plaintiff's appointed co-counsel to withdraw, for which the court has ordered additional briefing; and (2) a motion for summary judgment filed by one of the two defendants (Quist). Both matters are currently scheduled for hearing on April 28, 2011, although the court has indicated it will consider the motion of plaintiff's co-counsel to shorten time to hear their motion to withdraw once further briefing is completed.

Given the pendency of the early-filed dispositive motion (the deadline for hearing dispositive motions is October 30, 2011 (Dkt. No. 162)), in tandem with the pending motion of plaintiff's counsel to withdraw, the court requires additional briefing regarding the apparent urgency of Quist's motion.

Accordingly, IT IS HEREBY ORDERED that:

1. Counsel for defendant Quist shall, with seven days after the filing date of this order, inform the court in writing whether Quist's motion for summary judgment is urgent and, if so, why; and

2. Plaintiff's counsel shall, within seven days thereafter, file a reply. SO ORDERED.

20110401

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