Eichler v. Sherbin, et al
Filing
260
ORDER signed by Magistrate Judge John F. Moulds on 6/20/11 ORDERING that 250 Motion to Stay is DENIED; Defendants Lebeck and Sherbin are granted 10 days from the date of this order in which to file a reply to plaintiffs 3/1/11 opposition to their 1 /14/11 motion for summary judgment. That part of this courts 5/2/11 order which denied without prejudice plaintiffs cross- motion for summary judgment against defendant Mercy Hospital is VACATED. Defendant Mercy Hospital is granted 21 days from the date of this order in which to file a response to said motion. Plaintiff's 255 Motion for leave to file a supplemental opposition to defendant Mercy Hospitals motion for summary judgment is GRANTED. Plaintiffs 256 supplemental opposition t o Mercy Hospitals motion for summary judgment will be considered. Mercy Hospital is granted 10 days from the date of this order in which to file a supplemental reply. Plaintiff is granted 30 days to file and serve an opposition to defendant Gary Nugents 5/31/11 motion to dismiss. Defendant Nugents reply brief shall be filed and served within 14 days thereafter. (Dillon, M)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
DWAYNE EICHLER,
11
Plaintiff,
12
13
No. 2:04-cv-1108 GEB JFM (PC)
vs.
CDC OFFICER SHERBIN, et al.,
14
Defendants.
15
ORDER
/
16
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to
17
42 U.S.C. §1983. In view of this court’s order, filed contemporaneously herewith, relieving
18
plaintiff’s attorney from representation, and good cause appearing, the court will now set a
19
further briefing schedule on the pending motions for summary judgment and to dismiss filed by
20
defendants in this action.1 All motions will be resolved on the papers without oral argument
21
In accordance with the foregoing, IT IS HEREBY ORDERED that:
22
1. The May 26, 2011 motion of defendant Lebeck and Sherbin to stay is denied.
23
/////
24
25
26
1
The motion of defendants Lebeck and Sherbin to stay this case is mooted by the court’s
order granting plaintiff’s counsel’s motion to withdraw and by this order and will therefore be
denied.
1
1
2. Defendants Lebeck and Sherbin are granted ten days from the date of this order
2
in which to file a reply to plaintiff’s March 1, 2011 opposition to their January 14, 2011 motion
3
for summary judgment.
4
3. That part of this court’s May 2, 2011 order which denied without prejudice
5
plaintiff’s April 25, 2011 cross-motion for summary judgment against defendant Mercy Hospital
6
is vacated. Defendant Mercy Hospital is granted twenty-one days from the date of this order in
7
which to file a response to said motion. Plaintiff’s reply shall be filed and served not later than
8
twenty-one days thereafter.
9
10
4. Plaintiff’s June 3, 2011 request for leave to file a supplemental opposition to
defendant Mercy Hospital’s motion for summary judgment is granted.
11
5. Plaintiff’s June 3, 2011 supplemental opposition to Mercy Hospital’s motion
12
for summary judgment will be considered. Mercy Hospital is granted ten days from the date of
13
this order in which to file, as appropriate, a supplemental reply.
14
6. Plaintiff is granted thirty days from the date of this order in which to file and
15
serve an opposition to defendant Gary Nugent’s May 31, 2011 motion to dismiss. Defendant
16
Nugent’s reply brief shall be filed and served within fourteen days thereafter
17
DATED: June 20, 2011.
18
19
20
21
22
12
eich1108.brfs
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
