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Milos Leubner v. County of San Joaquin

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


June 21, 2012

MILOS LEUBNER, PLAINTIFF,
v.
COUNTY OF SAN JOAQUIN, ET AL., DEFENDANTS.

ORDER

Pending before the court is plaintiff's motion for a continuance of the June 21, 2012 hearing on defendants' motions for summary judgment. Plaintiff seeks this extension on the ground that his daughters are "missing," and he is concerned that will be unavailable to testify at the June 21, 2012 hearing.*fn1 This is plaintiff's second request for an extension of time with respect to defendants' motions for summary judgment. Although plaintiff has been in receipt of defendants' motions for summary judgment since being served with them on April 2, 2012, plaintiff has yet to file an opposition to either motion.*fn2 Defendants oppose plaintiff's request.

The court notes that this case has been pending since 2008, and a pretrial conference is scheduled for July 30, 2012 before the Honorable Garland E. Burrell, Jr. Doc. No. 161.

On review of the docket and the lengthy history of this case, IT IS HEREBY ORDERED:

1. Plaintiff's request for an extension of time is partially granted on account of his failure to file an opposition. The hearing on defendants' motions for summary judgment is continued to July 12, 2012 at 11:00 a.m. in courtroom # 26. Plaintiff shall file an opposition on or before July 3, 2012. Defendants shall file a reply on or before July 10, 2012. No further extensions of time shall be granted.

2. Insofar as plaintiff's request can be construed as a request to allow his daughters to testify at the hearing on defendants' motions for summary judgment, this request is denied. The hearing on the motion for summary judgment is not an evidentiary hearing.

/014;leub0853.jo(3)


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