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Mandy Eva Alec v. Calaveras County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 17, 2013

MANDY EVA ALEC, PLAINTIFF,
v.
CALAVERAS COUNTY, A MUNICIPALITY, CALAVERAS COUNTY SHERIFF'S DEPARTMENT,
GARY KUNTZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS
CALAVERAS COUNTY SHERIFF, MICHELLE BUSBY, INDIVIDUALLY AND
DOES ONE THROUGH TWENTY-FIVE INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER REQUIRING PLAINTIFF TO FILE AN OPPOSITION OR STATEMENT OF NON OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT NO LATER THAN MAY 24, 2013 ORDER VACATING APRIL 26, 2013 HEARING (Doc. 37)

Defendants, County of Calaveras, (erroneously sued as Calaveras County), Calaveras County Sheriff's Department, Gary Kuntz, individually and in his official capacity as Sheriff of Calaveras County (collectively "Defendants") filed a Motion for Summary Judgment on March 15, 2013. (Doc. 35). Defendants properly noticed the motion. The hearing on the motion was scheduled for April 26, 2013 at 9:30 a.m. Pursuant to Local Rule 230 (c) Plaintiff was required to file an opposition or a statement of non-opposition to the motion no less than fourteen (14) days prior to the hearing. See, Local Rule 230 (c). In other words, Plaintiff was required to file a response no later than April 12, 2013. To date, Plaintiff has failed to do so.

Accordingly, no later than May 24, 2013, Plaintiff must file an opposition or a statement of non-opposition to Defendants' Motion for Summary Judgment. Defendants shall file any optional reply to Plaintiff's filing no later than June 7, 2013. Because the briefing in this matter is incomplete, the motion is not ripe for review and the hearing set for April 26, 2013 at 9:30 a.m. is VACATED. The Court will set this matter for a hearing if it deems it necessary after the briefing is completed.

Plaintiff is advised that if she fails to comply with this order, this action will be dismissed, with prejudice, for failure to obey the Court's order and failure to prosecute.

IT IS SO ORDERED.

20130417

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