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Perry Robert Avila v. Matthew Cate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 19, 2012

PERRY ROBERT AVILA,
PLAINTIFF,
v.
MATTHEW CATE, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER CONTINUING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT FROM COURT'S CALENDAR UNTIL MOTION IS SUBMITTED PURSUANT TO LOCAL RULE 230(L) (Doc. 22)

On March 7, 2011, Defendants filed a motion for summary judgment. Due to ongoing discovery disputes between the parties, the latest of which involves a motion to compel and for sanctions filed by Plaintiff on February 27, 2012, Plaintiff has not filed an opposition and the Court is unable to resolve the motion. Fed. R. Civ. P. 56(d). Accordingly, in light of 28 U.S.C. § 476(a)(1), the Civil Justice Reform Act, Defendants' motion for summary judgment is ORDERED CONTINUED from the Court's calendar until Plaintiff's opposition is filed and the motion is submitted pursuant to Local Rule 230(l).*fn1

IT IS SO ORDERED.


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