Filed: Nov. 29, 2016
Latest Update: Nov. 29, 2016
Summary: ORDER GRANTING PLAINTIFF'S APPLICATION FOR EXTENSION OF TIME; CONTINUING HEARING ON DEFENDANT MONTI'S MOTION TO DISMISS Re: Dkt. No. 38 MAXINE M. CHESNEY , District Judge . Before the Court is plaintiff Eduardo Guilarte's "Application for Order [to] Extend Time," filed November 23, 2016. Defendant Andrea Monti ("Monti") has not filed a response thereto. Having read and considered the application, 1 the Court rules as follows. In his application, plaintiff seeks an extension of time to res
Summary: ORDER GRANTING PLAINTIFF'S APPLICATION FOR EXTENSION OF TIME; CONTINUING HEARING ON DEFENDANT MONTI'S MOTION TO DISMISS Re: Dkt. No. 38 MAXINE M. CHESNEY , District Judge . Before the Court is plaintiff Eduardo Guilarte's "Application for Order [to] Extend Time," filed November 23, 2016. Defendant Andrea Monti ("Monti") has not filed a response thereto. Having read and considered the application, 1 the Court rules as follows. In his application, plaintiff seeks an extension of time to resp..
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ORDER GRANTING PLAINTIFF'S APPLICATION FOR EXTENSION OF TIME; CONTINUING HEARING ON DEFENDANT MONTI'S MOTION TO DISMISS Re: Dkt. No. 38
MAXINE M. CHESNEY, District Judge.
Before the Court is plaintiff Eduardo Guilarte's "Application for Order [to] Extend Time," filed November 23, 2016. Defendant Andrea Monti ("Monti") has not filed a response thereto. Having read and considered the application,1 the Court rules as follows.
In his application, plaintiff seeks an extension of time to respond to Monti's motion to dismiss; specifically, plaintiff seeks an extension from November 23, 2016, to November 25, 2016, for the asserted reason that his counsel was "in the hospital." (See Appl. at 1:26-27.) Plaintiff, through counsel, filed the application at literally the eleventh hour, specifically, at 11:59 p.m. on November 23, 2016. Moreover, the application was filed one minute before the start of a national holiday, and, as set forth on this District's website, the undersigned was unavailable the following day as well. Lastly, as the deadline for any opposition to the application was not due until November 28, 2016, see Civil L.R. 6-3(b) (providing any opposition to motion to change time must be filed "no later than 4 days after receiving the motion"),2 the application ordinarily could not be resolved until a date after the date of the proposed extension.
Nevertheless, in light of the stated reason for an extension, the Court hereby GRANTS the application, as follows:
1. Plaintiff's opposition shall be filed no later than December 2, 2016.
2. Monti's reply, if any, shall be filed no later than December 16, 2016.
3. The hearing on the motion is continued from December 16, 2016, to January 6, 2017, at 9:00 a.m.
IT IS SO ORDERED.
