Filed: Aug. 15, 2014
Latest Update: Aug. 15, 2014
Summary: ORDER ALLISON CLAIRE, Magistrate Judge. Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this action pursuant to 42 U.S.C. 1983. On July 29, 2014 defendants filed a motion to compel plaintiff's responses to defendants' discovery requests and properly noticed it for a hearing on August 27, 2014 at 10:00 before the undersigned since plaintiff is no longer in state custody. Accordingly, plaintiff's opposition or notice of non-opposition was due on or before August
Summary: ORDER ALLISON CLAIRE, Magistrate Judge. Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this action pursuant to 42 U.S.C. 1983. On July 29, 2014 defendants filed a motion to compel plaintiff's responses to defendants' discovery requests and properly noticed it for a hearing on August 27, 2014 at 10:00 before the undersigned since plaintiff is no longer in state custody. Accordingly, plaintiff's opposition or notice of non-opposition was due on or before August ..
More
ORDER
ALLISON CLAIRE, Magistrate Judge.
Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this action pursuant to 42 U.S.C. § 1983. On July 29, 2014 defendants filed a motion to compel plaintiff's responses to defendants' discovery requests and properly noticed it for a hearing on August 27, 2014 at 10:00 before the undersigned since plaintiff is no longer in state custody. Accordingly, plaintiff's opposition or notice of non-opposition was due on or before August 13, 2014.1 See L.R. 230(c). Plaintiff has not filed an opposition or notice of non-opposition.
Therefore, pursuant to Local Rule 230, the hearing is reset to September 24, 2014 in order to allow plaintiff one last opportunity to respond to the motion. Plaintiff is cautioned that "[n]o party will be entitled to be heard in opposition to a motion at oral arguments if opposition to the motion has not been timely filed by that party." Id. A failure to appear at the hearing may also result in the imposition of sanctions. L.R. 230(i).
Accordingly, IT IS HEREBY ORDERED that:
1. The hearing currently scheduled for August 27, 2014 is vacated;
2. Plaintiff shall file an opposition or notice of non-opposition to defendants' motion no later than September 10, 2014;
3. Any reply by defendants is due no later than September 17, 2014; and,
4. The motion to compel shall be heard on the court's law and motions calendar on August 15, 2014.