Smith v. Stovall et al
Filing
80
ORDER signed by Judge Lawrence K. Karlton on 11/15/11 ORDERING the trial date is VACATED, subject to be reset after the court rules on the pending Motion to Dismiss; Plaintiff is ORDERED to file an opposition to the Motion to Dismiss within ten (10) days of the issuance of this order. (Becknal, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 MICHAEL SMITH,
NO. CIV. S-08-2492 LKK/JFM
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Plaintiff,
v.
13 R. STOVALL, et al.,
O R D E R
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Defendants.
/
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Pending before the court is a motion by defendants to dismiss
17 the case for plaintiff’s alleged failure to obey a court order.
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On September 23, 2010, Magistrate Judge Moulds issued an order
19 awarding expenses to defendant for plaintiff’s failure to attend a
20 video deposition scheduled for May 27, 2010. The magistrate judge
21 awarded defendants $950 in expenses. ECF No. 59. Plaintiff has not
22 paid the expenses. At the trial confirmation hearing on September
23 12, 2011, defendants requested clarification of when the payment of
24 the
expenses
25 clarification
was
to
due.
the
This
court
magistrate
referred
judge.
On
the
request
November
7,
for
2011,
26 Magistrate Judge Moulds issued an order stating: “The award of
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1 expenses ordered by this court gave rise to a monetary obligation
2 owed by plaintiff to defendants. That obligation arose at the time
3 this court’s order became final. The award is in the nature of a
4 judgment, albeit not yet a final one, enforceable like any other
5 monetary judgment entered in a federal court.” ECF No. 77.
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A trial in this matter is currently set for November 29, 2011.
7 Plaintiff has not yet filed an opposition to the motion to dismiss.
8 Accordingly, the court ORDERS as follows:
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[1] The trial date is VACATED, subject to be reset after the
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court rules on the pending Motion to Dismiss.
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[2] Plaintiff is ORDERED to file an opposition to the Motion
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to Dismiss within ten (10) days of the issuance of this order.
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IT IS SO ORDERED.
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DATED:
November 15, 2011.
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