McCain v. California Highway Patrol et al
Filing
77
ORDER denying 72 Motion for Show Cause signed by Magistrate Judge Kendall J. Newman on 11/15/11: The December 8, 2011 hearing on plaintiff's motion is vacated. (Kaminski, H)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TERRYLYN MCCAIN,
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Plaintiff,
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No. 2:11-cv-01265 KJM KJN PS
v.
CALIFORNIA HIGHWAY PATROL,
et al.,
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Defendants.
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ORDER
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On October 28, 2011, the undersigned entered an order in this case, after a
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hearing, setting aside the clerk’s entry of default against defendants Brent Mangham and Michael
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Walling.1 (Order, Oct. 28, 2011, Dkt. No. 70.) Presently before the court is plaintiff’s “Motion
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for Show Cause Hearing Regarding Setting Aside Defaults On Defendants, Walling and
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Mangham and Reinstate Defaults Defendants Mangham,” which is noticed for a December 8,
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2011 hearing before the undersigned (Dkt. No. 72). In essence, plaintiff seeks reconsideration
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and reversal of the October 28, 2011 order setting aside the defaults against Mangham and
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Walling, and seeks a hearing regarding the same. Because oral argument would not materially
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aid the resolution of the pending motion, this matter is submitted on the briefs and record without
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This case proceeds before the undersigned pursuant to Eastern District of California Local
Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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a hearing. See Fed. R. Civ. P. 78(b); E. Dist. Local Rule 230(g).2
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The undersigned denies plaintiff’s motion. The undersigned has fully resolved
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Mangham’s and Walling’s motion to set aside the clerk’s entry of default after a hearing, and
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nothing in plaintiff’s present motion warrants another hearing or an evidentiary hearing on the
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matter. To the extent that plaintiff’s motion is an application for reconsideration directed to the
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undersigned, it is denied. Plaintiff may, of course, consider seeking reconsideration of the
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undersigned’s October 28, 2011 order by the district judge assigned to this matter, if appropriate
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and timely. See E. Dist. Local Rules 230(j) and 303(c).
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For the foregoing reasons, IT IS HEREBY ORDERED that:
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Plaintiff’s “Motion for Show Cause Hearing Regarding Setting Aside
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Defaults On Defendants, Walling and Mangham and Reinstate Defaults Defendants Mangham”
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(Dkt. No. 72) is denied.
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2.
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IT IS SO ORDERED.
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The December 8, 2011 hearing on plaintiff’s motion is vacated.
DATED: November 15, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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Additionally, the pending motion can be resolved without briefing by any other party.
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