Gross v. McCoy, 2:17-CV-2566 CKD (PC). (2018)
Court: District Court, E.D. California
Number: infdco20181009975
Visitors: 32
Filed: Oct. 05, 2018
Latest Update: Oct. 05, 2018
Summary: STIPULATED BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS AND ORDER CAROLYN K. DELANEY , Magistrate Judge . This Court previously ordered Defendants to file their responsive pleading on or before October 5, 2018. (ECF #27). On Friday, Plaintiff filed a Motion to Extend Time stating: he is in the process of being transferred to a new prison; he expects that he may not have access to his legal papers until the middle or end of November; and he would like until January 5, 2019 to respond
Summary: STIPULATED BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS AND ORDER CAROLYN K. DELANEY , Magistrate Judge . This Court previously ordered Defendants to file their responsive pleading on or before October 5, 2018. (ECF #27). On Friday, Plaintiff filed a Motion to Extend Time stating: he is in the process of being transferred to a new prison; he expects that he may not have access to his legal papers until the middle or end of November; and he would like until January 5, 2019 to respond t..
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STIPULATED BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS AND ORDER
CAROLYN K. DELANEY, Magistrate Judge.
This Court previously ordered Defendants to file their responsive pleading on or before October 5, 2018. (ECF #27). On Friday, Plaintiff filed a Motion to Extend Time stating: he is in the process of being transferred to a new prison; he expects that he may not have access to his legal papers until the middle or end of November; and he would like until January 5, 2019 to respond to Defendants' responsive pleading. (ECF #29). Defendants do not agree with all assertions in Plaintiff's Motion and the governing rule provides him only 21 days to respond if a Motion to Dismiss is filed — not the 5 weeks requested from when he estimates receiving his papers. Nonetheless, in the spirit of cooperation and because Plaintiff is being transferred and there may be some delay, the parties agree to the following briefing schedule:
Defendants' Motion To Dismiss November 28, 2018
Plaintiffs' Opposition January 7, 2019
Defendants' Reply January 21, 2019
ORDER
Good cause appearing, the Court hereby adopts the parties' stipulated briefing schedule for Defendants' Motion to Dismiss as follows:
Document to Be Filed: Date To Be Filed On or Before:
Defendants' Motion To Dismiss November 28, 2018
Plaintiffs' Opposition January 7, 2019
Defendants' Reply January 21, 2019
It is so ORDERED.
Source: Leagle