Mistriel v. Kern County, et al
Filing
65
ORDER GRANTING 64 Plaintiff's Motion for Extension of time to file an opposition brief. Plaintiff's request for an extension of time to file a brief in opposition to Defendant Catholic Charities of the Diocese of Fresno's motion to dismiss is GRANTED nunc pro tunc; and Plaintiff's opposition shall be filed on or before December 5, 2011. Order signed by Magistrate Judge Sheila K. Oberto on 11/2/2011. (Timken, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT GLEN MISTRIEL,
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CASE NO. 1:03-cv-06922-AWI-SKO
Plaintiff,
ORDER GRANTING PLAINTIFF'S
MOTION FOR AN EXTENSION OF
TIME TO FILE AN OPPOSITION
BRIEF
v.
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KERN COUNTY, et al.,
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(Docket No. 63)
Defendants.
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/
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On September 20, 2011, Defendant Catholic Charities of the Diocese of Fresno ("Catholic
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Charities") filed a motion to dismiss the claims against it alleged in Plaintiff's Third Amended
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Complaint. (Doc. 63.) On October 20, 2011, Plaintiff filed a motion requesting a 45-day extension
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of time to file a brief in opposition to Catholic Charities' motion to dismiss. (Doc. 64.)
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On July 19, 2011, the Court issued a Second Information Order informing all the parties that
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any opposition to a motion must be filed in compliance with Local Rule 230(l) and thus must be filed
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not more than 21 days after the date of service of the motion. (Doc. 54, ΒΆ 2; see also Local Rule
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230(l).) While Plaintiff's request for additional time to file an opposition is untimely as it was filed
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after the time had passed to file a brief in opposition to the pending motion to dismiss, the Court will
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permit Plaintiff an extension of time to file a brief in opposition. Plaintiff is informed that extension
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requests filed out of time will not be viewed with favor in the future.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Plaintiff's request for an extension of time to file a brief in opposition to Defendant
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Catholic Charities of the Diocese of Fresno's motion to dismiss is GRANTED nunc
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pro tunc; and
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2.
Plaintiff's opposition shall be filed on or before December 5, 2011.
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IT IS SO ORDERED.
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Dated:
ie14hj
November 2, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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