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Cantu v. Flanigan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


October 9, 2009

JOSE RAMIRO GARZA CANTU, PLAINTIFF,
v.
BILLY R. FLANIGAN, UNKNOWN/UNNAMED DEFENDANT, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Trager, J.

Order

On July 28, 2009, the parties were directed to respond to the issues raised by the Second Circuit's July 24, 2009 summary order. The parties were directed to submit initial briefs within fifty-six (56) days and reply briefs within seventy (70) days.

To date, defendant Billy Flanigan ("Flanigan") has not filed an initial brief or a reply brief. Flanigan shall file a brief within twenty-eight (28) days of the date of this order. If Flanigan wishes to respond to any arguments raised by plaintiff Jose Ramiro Garza Cantu ("Cantu"), Flanigan shall do so in this brief. Cantu shall submit a reply brief within forty-two (42) days of the date of this order. In the event that Flanigan fails to file a brief within twenty-eight (28) days, the Court will resolve the matter on the papers submitted by Cantu.

SO ORDERED.

David G. Trager United States District Judge

20091009

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