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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAMON MORA,

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1:08-cv-01054-AWI-GSA-PC
Plaintiff,

ORDER DENYING DEFENDANTS’ EX PARTE
REQUEST TO VACATE DEADLINE
(Doc. 43.)

v.
S. SALAHUDDIN, et al.,

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Defendants.
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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.)

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On May 12, 2011, defendants Salahuddin and Edwards (“Defendants”) filed an ex parte

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request to vacate the Court’s deadline to file dispositive motions. (Doc. 43.) Defendants argue that

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if their pending motions to dismiss are granted, there will be no need for them to file further

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dispositive motions. In the event that Defendants’ motions to dismiss are not granted, Defendants

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request that the Court re-set the dispositive motions deadline for sixty days to allow them to file

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dispositive motions.

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In filing an ex parte request, Defendants have not allowed Plaintiff an opportunity to

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respond. The Court’s dispositive motions deadline is for all parties to this action, and Plaintiff is

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also entitled to file dispositive motions. The Court shall not grant such a request without the
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opportunity for opposition. Moreover, the Court finds no good cause to vacate the dispositive

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motions deadline based on a contingency.

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Based on the foregoing, IT IS HEREBY ORDERED that Defendants’ ex parte request to
vacate the dispositive motions deadline in this action is DENIED.

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IT IS SO ORDERED.

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Dated:
6i0kij

May 13, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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