Schulze v. Federal Bureau of Investigation et al
Filing
102
ORDER DIRECTING plaintiff to file a response to defendants' second motion for summary judgment, document 89 , or, file a brief showing cause why the Court should proceed with determination of defendants' second motion for summary judgment, with either response due within 14 days of service of this order; order signed by Chief Judge Anthony W. Ishii on 11/2/2011. (Rooney, M)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL SCHULZE,
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Plaintiff,
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v.
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FEDERAL BUREAU OF
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INVESTIGATION, DRUG
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ENFORCEMENT ADMINISTRATION, )
UNITED STATES MARSHALS
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SERVICE and DEPARTMENT OF
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JUSTICE,
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Defendants.
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____________________________________)
1:05-CV-0180 AWI GSA
ORDER DIRECTING
RESPONSE BY PLAINTIFF TO
DEFENDANTS’ SECOND
MOTION FOR SUMMARY
JUDGMENT
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In this action under the Freedom of Information Act (“FOIA”), the court previously
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issued an order on July 22, 2010 (the “July 22 Order”) granting in part and denying in part
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Defendants’ motion for summary judgment. Doc. # 86. In the July 22 order the court
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granted Defendants leave to file a second motion for summary judgment. Defendants’
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second motion for summary judgment was filed on September 13, 2010. Defendants’ second
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motion for summary judgment was served on Plaintiff on November 3, 2010. On December
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17, 2010, Plaintiff filed an unopposed motion for extension of time to file an opposition to
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the second motion for summary judgment. On December 23, 2010, the court issued an order
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was filed extending time to file an opposition through and including February 1, 2010. A
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second motion to extend time, which was filed on December 27, 2010, was denied as being
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duplicative of the first motion to extend time. No opposition to Defendants’ second motion
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for summary judgment has been received as of this date.
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Due to the press of business, the court put aside Defendants’ motion without noting
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Plaintiff’s failure to timely file an opposition to Defendants’ motion for summary judgment.
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The court cannot delay longer on deciding Defendants’ motion. However, recognizing the
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difficulty in filing and receiving documents that are occasioned by Plaintiff’s status as an
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inmate, the court will provide a final opportunity for Plaintiff to either file an opposition or
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show cause why the court should not proceed to decide Defendants’ motion in the absence of
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any opposition by Plaintiff.
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THEREFORE, it is hereby ORDERED that Plaintiff shall either:
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File and serve an opposition to Defendants’ second motion for summary judgment; or
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File and serve a brief showing cause why the court should not proceed with
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determination of Defendants second motion for summary judgment.
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Either response shall be filed and served not later than fourteen (14) days from the
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date of service of this order. The failure of Plaintiff to file either of the above documents
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shall be taken by the court to signify non-opposition to the court proceeding with the
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determination of Defendants’ second motion for summary judgment without further pleading
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by Plaintiff.
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IT IS SO ORDERED.
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Dated:
ciem0h
November 2, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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