CAROLYN K. DELANEY, Magistrate Judge.
The court writes separately to modify its scheduling order and to address plaintiff's recent motion to file a delayed opposition and defendants' opposition thereto. (ECF Nos. 44-46.)
On December 28, 2018, the court issued a Status (Pretrial Scheduling) Order setting the last date to hear dispositive motions as February 12, 2020. (ECF No. 24.)
On January 10, 2020, defendants complied with the court's scheduling order deadline and set the hearing on their motion for summary judgment for February 12, 2020. (ECF No. 39.) At the time, plaintiffs were receiving notifications electronically. (
On January 16, 2020, the court ordered that all future filings shall be served on plaintiffs by conventional means because the email notification for defendants' motion for summary judgment bounced back as undeliverable to plaintiffs' email address. (ECF No. 40.) On January 16, 2020, defendants mailed plaintiffs the motion for summary judgment. (ECF No. 41.)
On January 27, 2020, plaintiffs filed a request to appear at the February 12, 2020 hearing telephonically. (ECF No. 42.) Plaintiffs acknowledged the motion for summary judgment was filed on January 16, 2020 and claimed there were medical complications that made it impossible for them to travel to Sacramento for the February 12, 2020 hearing. (
Despite having obviously received notice of the motion for summary judgment and in fact acknowledging this notice by asking over a week ago to appear at the hearing telephonically, plaintiffs claimed in their February 4, 2020 ex parte motion that "[i]t wasn't until . . . February 3, 2020 that I checked the efile system and found out that the Defendants had file[d] a Motion for Summary Judgment." (ECF No. 44 at 5.) The court is troubled by the plaintiffs' assertion in light of the following facts: (1) on January 10, 2020, notice of the motion was e-mailed to them;
Despite plaintiffs' delay, the court maintains a desire to resolve this action on the merits. To that end, the court hereby modifies its Status (Pretrial Scheduling) Order as follows: All pretrial motions shall be completed by March 25, 2020. As stated before, the word "completed" in this context means that all law and motion matters must be heard by the above date.
The court will not sua sponte extend this date a second time, and this date will not be changed except with leave of court, good cause having been shown.
IT IS SO ORDERED.