Corona v. Knowles et al

Filing 58

ORDER DENYING 50 56 Plaintiff's Ex Parte Motion to Strike Opposition; DENYING 52 Plaintiff's Ex Parte Application to Shorten Time; GRANTING Plaintiff additional time to file Reply. In the interest of deciding the motion on the merits , the Court will allow the late filing to stand. To prevent prejudice to plaintiff, however, the Court will allow her to file her reply no later than 10/20/2009. The 10/23/2009, hearing date will remain on calendar. signed by Magistrate Judge Dennis L. Beck on 10/16/2009. (Hernandez, M)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 OSCAR CRUZ, 9 10 Plaintiff, 11 v. 12 MIKE KNOWLES, et al., 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Oscar Cruz, proceeding pro se and in forma pauperis, filed the instant civil rights action on February 19, 2008. Maria del Rosario Corona ("Plaintiff") was substituted in as Plaintiff on June 22, 2009. On September 15, 2009, Plaintiff filed a motion to amend the complaint. The motion is set for hearing on October 23, 2009. Defendants filed their opposition on October 14, 2009. On October 15, 2009, Plaintiff filed an ex parte motion to strike the opposition as untimely, as well as an ex parte motion to shorten time for the hearing. Plaintiff sought to have the matter heard on October 16, 2009, at 9:30 a.m. Plaintiff filed an amended ex parte motion to strike on October 16, 2009. Plaintiff's motions are DENIED. Contrary to Plaintiff's suggestion, this Court has discretion in determining whether to consider late filings. In the interest of deciding the motion on the merits, the Court will allow the late filing to stand. To prevent prejudice to Plaintiff, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) 1:08cv00237 LJO DLB ORDER DENYING PLAINTIFF'S EX PARTE MOTION TO STRIKE OPPOSITION (Documents 50 and 56) ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION TO SHORTEN TIME (Document 52) ORDER GRANTING PLAINTIFF ADDITIONAL TIME TO FILE REPLY UNITED STATES DISTRICT COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 however, the Court will allow her to file her reply no later than Tuesday, October 20, 2009. The October 23, 2009, hearing date will remain on calendar. IT IS SO ORDERED. Dated: 9b0hie October 16, 2009 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 2

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