Filed: Dec. 21, 2018
Latest Update: Dec. 21, 2018
Summary: STIPULATION AND ORDER FOR EXTENSION OF TIME FOR PLAINTIFF TO FILE AN OPPOSITION PURSUANT TO LOCAL RULE IA-6-1 ROBERT C. JONES , Magistrate Judge . COME NOW the parties, by and through their respective undersigned counsel and file this Stipulation & Order to Extend the Time for Plaintiff to File an Opposition Pursuant to Local Rules IA 6-1 and 7-2 and in support thereof show the Court as follows: I. FACTUAL BACKGROUND On November 8, 2018, Defendant filed a Motion for Summary Judgment. Plai
Summary: STIPULATION AND ORDER FOR EXTENSION OF TIME FOR PLAINTIFF TO FILE AN OPPOSITION PURSUANT TO LOCAL RULE IA-6-1 ROBERT C. JONES , Magistrate Judge . COME NOW the parties, by and through their respective undersigned counsel and file this Stipulation & Order to Extend the Time for Plaintiff to File an Opposition Pursuant to Local Rules IA 6-1 and 7-2 and in support thereof show the Court as follows: I. FACTUAL BACKGROUND On November 8, 2018, Defendant filed a Motion for Summary Judgment. Plain..
More
STIPULATION AND ORDER FOR EXTENSION OF TIME FOR PLAINTIFF TO FILE AN OPPOSITION PURSUANT TO LOCAL RULE IA-6-1
ROBERT C. JONES, Magistrate Judge.
COME NOW the parties, by and through their respective undersigned counsel and file this Stipulation & Order to Extend the Time for Plaintiff to File an Opposition Pursuant to Local Rules IA 6-1 and 7-2 and in support thereof show the Court as follows:
I. FACTUAL BACKGROUND
On November 8, 2018, Defendant filed a Motion for Summary Judgment. Plaintiff has 21 days from the date of service, plus three days pursuant to FRCP 6 to file his response. As such, the Opposition was due on December 3, 2018. On or about November 19, 2018 Plaintiff's counsel, Gus W. Flangas, Esq., spoke with Defendant's counsel, Douglas R. Rands, Esq., who agreed that Plaintiff could have an additional fifteen (15) days from the date the Opposition was due to file any Opposition to the Motion. Mr. Flangas asked Mr. Rands if it was necessary to file a Stipulation with the Court informing the Court of the extension and Mr. Rands stated that, "as far as he was concerned it was not necessary." On December 3rd, 2018, an Order was issued in Case 3:18-cv-00429-HDM-WGC, granting Defendant's Motion to Dismiss pursuant to LR 7-2 because Plaintiff had failed to file an Opposition. Mr. Flangas and Mr. Rands arc the attorneys representing the litigants in that case as well, and the Parties arc the same parties as the parties in the case herein. Mr. Rands had also granted Mr. Flangas an extension to file any Opposition to the Motion to Dismiss in that case, but the parties had failed to file a Stipulation informing the Court. The Parties have now filed a Stipulation & Order, through their respective counsel, in Case 3:18-cv-00429-HDM-WGC seeking that the Order be Set Aside on the basis that Mr. Rands had granted an extension for the Plaintiff to file an Opposition.
So that the parties do not need to seek additional relief, in the form of seeking to setting aside an Order Granting the Motion for Summary Judgment, on the basis that Plaintiff failed to file an Opposition, the parties through their respective counsel file the instant Stipulation allowing Plaintiff until December 21, 2018 to file the Opposition.
ORDER
IT IS SO ORDERED.
