Mora v. Salahuddin et al

Filing 44

ORDER DENYING Defendants' Ex Parte 43 Request to Vacate Deadline signed by Magistrate Judge Gary S. Austin on 5/13/2011. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAMON MORA, 12 13 14 1:08-cv-01054-AWI-GSA-PC Plaintiff, ORDER DENYING DEFENDANTS’ EX PARTE REQUEST TO VACATE DEADLINE (Doc. 43.) v. S. SALAHUDDIN, et al., 15 Defendants. 16 / 17 18 19 Ramon Mora (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on July 23, 2008. (Doc. 1.) 20 On May 12, 2011, defendants Salahuddin and Edwards (“Defendants”) filed an ex parte 21 request to vacate the Court’s deadline to file dispositive motions. (Doc. 43.) Defendants argue that 22 if their pending motions to dismiss are granted, there will be no need for them to file further 23 dispositive motions. In the event that Defendants’ motions to dismiss are not granted, Defendants 24 request that the Court re-set the dispositive motions deadline for sixty days to allow them to file 25 dispositive motions. 26 In filing an ex parte request, Defendants have not allowed Plaintiff an opportunity to 27 respond. The Court’s dispositive motions deadline is for all parties to this action, and Plaintiff is 28 also entitled to file dispositive motions. The Court shall not grant such a request without the 1 1 opportunity for opposition. Moreover, the Court finds no good cause to vacate the dispositive 2 motions deadline based on a contingency. 3 4 Based on the foregoing, IT IS HEREBY ORDERED that Defendants’ ex parte request to vacate the dispositive motions deadline in this action is DENIED. 5 6 IT IS SO ORDERED. 7 Dated: 6i0kij May 13, 2011 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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